S LOGANATHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant, who was working as a Junior Clerk in the Subordinate Court at Yanam (Pondicherry), was dismissed from the service on conclusion of disciplinary proceedings by the Chief Judge, Pondicherry (for short "Chief Judge") vide order dated November 8, 2000. The appellant challenged that order before the High Court of judicature at Madras by filing a Writ Petition. His Writ Petition came to be dismissed on June 11, 2007. It is from this order that the present appeal, by special leave, arises.

(3.) On April 28, 1999, the appellant was issued a Charge Memo setting out therein that he was liable to be proceeded with the disciplinary action under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (for short "CCS Rules"). Along with the Charge-Memo, Article of Charges was sent to the appellant. The Article of Charges contained ten articles. An Inquiry Officer was appointed and inquiry proceeded against the appellant. The appellant filed his response by way of defence to the Charge Memo and Article of Charges and denied the allegations levelled against him. The appellant, after some time, did not participate in the departmental inquiry. As a result of which, the departmental inquiry continued exparte. Subsequently, on his objection that he had not been provided adequate opportunity, ex-parte departmental inquiry was re-called and the inquiry started de novo. After full participation by the appellant thereafter in the departmental inquiry, some of the charges were found fully proved while some were held partially proved by the Inquiry Officer. The Disciplinary Authority (Chief Judge), on consideration of the report submitted by the Inquiry Officer, agreed with the findings recorded in the inquiry report and awarded to the appellant penalty of dismissal from the service.