K K VEER Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner against the judgment and the order dated 27.2.2002 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (for short "the Tribunal") in OA No. 2645/1999, whereby the Tribunal has dismissed the OA filed by the petitioner.

(2.) The petitioner was proceeded against departmentally under CCS (CCA) Rules vide memo dated 31.7.1991 to face the following charge, i.e.:

(3.) After holding a regular departmental enquiry the enquiry officer as per his report dated 22.10.1992 opined that the charges stood proved against the petitioner subject to observations as made in para 72, which is reproduced hereunder:- 72. Other issues raised by the Charged Officer about the functioning of the Appropriate Authority, consequences of the purchase orders passed by them, blocking of the Government funds, recurring expenses on the maintenance of properties purchased by the Department which could not be auctioned are important in their own right. The precedents quoted by the CO (Ex. D 1 to Ex. D 4) are also important inspite of the facts and circumstances relating to these cases being different. However, these issues do not negate the fact that CO did not have any jurisdiction or legal authority to pass the order dated 4.2.91. However, it is for the Disciplinary Authority to consider whether these facts extenuate the present charge.