UOI Vs. V T PRABHAKARAN

JUDGEMENT

(1.) The respondent of WP(C) No.2292/2010 Dr.V.T.Prabhakaran was working as Principal Scientist at Indian Council for Agricultural Research (ICAR) New Delhi, when a memorandum containing five articles of charge was issued to him under Rule 14 of the CCS(CCA) Rules 1965. He challenged the charge sheet by and under OA No.395/2004 which was disposed of vide judgment and order dated 6.1.2005 quashing the first three articles of charge and allowing the proceedings to be continued on the remaining two charges against him.

(2.) Relevant would it be to note that the gravamen of the two surviving articles of charge was that while working as the Principal Scientist he misused the internet system of the office by displaying objectionable materials on the electronic board and e-mail; made derogatory and disrespectful remarks against his superior officers by publishing undesirable material on public notice board and that he made false and baseless allegations against the Director and the other officers of IASRI. It was indicated that the misdemeanour pertained to lack of devotion to duty i.e. an infringement of Rule 3 of the applicable Service Rules.

(3.) When the inquiry officer was holding the inquiry, the respondent superannuated on 28.2.2009 and since the CCS (Pension) Rules 1972 were applicable, it is apparent that the further inquiry was under Rule 9 of the said Rules.