M V BIJLANI Vs. UNION OF INDIA

JUDGEMENT

(1.) The Appellant was working as a Junior Engineer at Jagadalpur in the year 1969-1970. He allegedly failed and/or neglected to maintain a register known as ACE-8 Register. After he had handed over charge to his successor Shri K.C. Sariya, on or about 11-4-1975, a disciplinary proceeding was initiated against him on the following charges :

(2.) The disciplinary proceedings remained pending for a period of seven years. A report was submitted by the Enquiry Officer only in the year 1982. In the disciplinary proceeding, the first two charges were held to have been proved against the Appellant but the third charge was not proved. He was directed to be removed from service by the Disciplinary Authority by an order dated 21-12-1983. An appeal preferred thereagainst came to be dismissed by the appellate authority by an order dated 21-2-1991 i.e. after a period of seven years holding :

(3.) The appellate authority went into question of maintenance of muster roll and the diaries maintained on day to day basis although that was not the subject matter of charge. On the said basis, it was held :