R K MINOCHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner, an ex-member of Central Clerical Service, while working as Upper Division Clerk in the Directorate of Printing, Ministry of Urban Affairs and Employment, was charge-sheeted under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as CCS (CCA) Rules) on 11th June, 1996 firstly, for habitually absenting himself from duty without sanction of leave of absence or any prior intimation and secondly, for not performing the duties of the post assigned to him while posted in the Vigilance Section of the Directorate of Printing.

(2.) Pursuant to the departmental proceedings, the Petitioner was held guilty and a penalty of compulsory retirement from service was imposed on him vide order dated 16th October, 1997. Petitioner "â„¢s appeal was also rejected by the Appellate Authority on 3rd June, 1998.

(3.) Challenging the order of the disciplinary authority, imposing a penalty of compulsory retirement from service, the Petitioner filed a petition before the Central Administrative Tribunal, Principal Bench, New Delhi being Original Application No. 1474/1999 praying for setting aside the penalty, on the ground that the charge memo and the penalty order were a nullity, as the same were issued by an authority incompetent to do so under the Rules.