UNION OF INDIA Vs. V B HAJELA

JUDGEMENT

(1.) The respondent was employed as Inspecting Officer (Textiles) in the department of Supply of the government of India. Disciplinary proceedings were initiated against him on the basis of a charge-sheet dated 27/2/1987. After holding an inquiry into the charges the penalty of compulsory retirement from service with effect from 27/5/1988, was imposed on the respondent by order dated 26/5/1988. The respondent filed an application (OA No. 604 of 1988 challenging the said order of compulsory retirement before the central Administrative tribunal, (hereinafter referred to as "the tribunal"). The said application of the respondent was allowed by the tribunal by judgment dated 8/8/1991 on the ground that the copy of the report of the Inquiry Officer had not been furnished to the respondent before the disciplinary authority passed the order of punishment. While setting aside the order of punishment the tribunal gave the following directions:

(2.) Thereafter by order dated 19-2-1992, the respondent was treated as deemed to have been placed under suspension from the date of compulsory retirement with effect from 27/5/1988 to 28/2/1991, under Rule 10 (4 of the central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as "the Rules") and sanction was accorded by the President under Rule 9 (2 (a) of the central Civil Services (Pension) Rules, to continue the proceedings against the respondent. The respondent filed a second petition (OA No. 321 of 1992 before the tribunal challenging the said order dated 19-2-1992 regarding his deemed suspension. The said application has been allowed by the tribunal by the impugned judgment dated 5/8/1992. The tribunal has held that sub-rule (4 of Rule 10 could not be invoked against the respondent because he had not been suspended from service at any stage during the pendency of the earlier disciplinary proceedings. The tribunal has, therefore, directed that the order of suspension shall not be enforced as against the respondent. Feeling aggrieved by the said decision of the tribunal the appellants have filed this appeal.

(3.) Sub-rules (3 and (4 of Rule 10 of the Rules read as under: