UNION OF INDIA Vs. HARI SHANKAR

JUDGEMENT

(1.) THE petitioner, Union of India through the Foreign Secretary, Government of India, has challenged the order dated 23rd December, 2008 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A No.267/2008 titled as ,,Sh.Hari Shankar v. Union of India and Ors. allowing the original application of the respondent and setting aside the punishment orders dated 28th August, 2007 and 5th November, 2007, of compulsorily retiring the respondent and quashing the same without going into the merits. THE Tribunal, thus, remanded the matter back to the petitioner with the liberty to proceed afresh in the matter from the stage of issuing the disagreement note/show cause notice dated 11th July, 2006 and also held that all consequential benefits to the respondent shall be subject to the final order which would be passed by the petitioner.

(2.) BRIEF facts to comprehend the disputes are that major penalty proceedings were started against the respondent under Rule 14 of CCS (CCA) Rules, 1965. The respondent was an Assistant in Grade IV of the General Cadre of the Indian Foreign Service (Branch-B), Ministry of External Affairs. The allegations against him were that he absented from duty un-authorizedly for over two years after availing one year ex India leave in Chicago (USA) and did not comply with the Governments orders directing him to report for duty. These charges were stipulated in the charge memorandum No.Q/Vig/842/04 dated 23rd September, 2004 issued against the respondent.

(3.) AGAINST the memorandum stipulating the disagreement note, the respondent made representations dated 14th/18th July, 2006 stating that he was forced to stay in USA beyond the period of sanctioned ex- India leave on account of serious illness of his wife and the non- availability of travel documents.