SAKSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Rajesh Shankar, learned counsel appearing for the petitioners and Mr.Ranjeet Kumar Singh, learned counsel appearing for the respondent.

(2.) This application has been filed for quashing the order dated 24.11.2010 passed in Miscellaneous Application No.11 of 2010 whereby Central Administrative Tribunal, Patna Bench, Patna, circuit court at Ranchi dismissed the said Miscellaneous Application where-under O.A.No. 211 of 2009 filed by the respondent whereby petitioners sought for direction upon CSIR, to pass final order in the departmental proceeding initiated against the respondent within a period of three months from the date of receipt of a copy of the order.

(3.) The case, in brief, is that the petitioner no. 1 is represented through the Director General of Council of Scientific and Industrial Research (CSIR), and the petitioner no. 2 is represented through the Director of Central Institute of Mining and Fuel Research, Dhanbad. The respondent is an employee of Central Institute of Mining and Fuel Research. He was appointed in Central Institute of Mining and Fuel Research in the year 1983 as Junior Research Fellow and he has been promoted on the post of Scientist Grade IV (3). In the year 2002, a memorandum of charge has been issued and by virtue of the same, a departmental proceeding has been initiated against him under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. It has been alleged in the memorandum of charge that during the year 1999 onwards, the respondent has committed misconduct inasmuch as he, as an Indenting Officer, has recommended for sending of enquiries limited to select firms for purchase of some items instead of going for open tenders and thereby led to cause their procurement at exorbitantly high rates to the detriment and loss of CMRI/CSIR.