N S BHATNAGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has directed this petition against the orders dated 20/05/1998 of the Central Administrative Tribunal, Principal Bench, New Delhi dismissing the petitioner's OA.No. 1012/98. The petitioner in the application before the Tribunal had challenged the order of punishment passed by the Disciplinary Authority imposing upon him a penalty of cut of 10% amount from his pension for a period of five years. The petitioner had sought the following three reliefs before the Tribunal:

(2.) The Tribunal rejected the relief (c ) as it constituted a separate cause of action. Relief (b) was to follow relief (a). These two reliefs were declined on the ground that the disciplinary proceedings against the petitioner were taken out giving him every opportunity to put forth his version and the Tribunal could not re-appreciate the evidence and act as an Appellate Authority.

(3.) The contention of learned counsel for the petitio ner is that no doubt the present case cannot be termed as a case of no evidence, but the disciplinary proceedings stand vitiated on account of inordinate delay in initiating the disciplinary proceedings and thereafter passing final order of penalty against the petitioner that too after six years of his retirement.