D. B. GOHIL Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant is an Income Tax Officer. A charge sheet dated 9.3.1999 was issued to him for alleged misconduct. An enquiry was held into the charges and the Enquiry Officer submitted a report dated 22.11.2000 holding that the charges were not proved. The Disciplinary Authority disagreed with the Enquiry Report, and after giving notice to the appellant made an order dated 25.11.2003 imposing the punishment of reduction of pay by four stages for a period of four years with a direction that appellant will not earn increments during the period of reduction.

(2.) Feeling aggrieved by the imposition of punishment the appellant approached the Central Administrative Tribunal. Before directing notice, the Tribunal considered the question of maintainability, as appellant had filed original application without exhausting the remedy by way of appeal. The Tribunal received the application as maintainable by the following order:

(3.) The respondent challenged the said order before the High Court. The High Court allowed the writ petition filed by the respondents by order dated 29.3.2006 and set aside the order of the Tribunal merely on the ground that the appellant had not exhausted the remedy by way of appeal before approaching the Tribunal. The said order is challenged by the appellant.