UNION OF INDIA Vs. S C SHARMA

JUDGEMENT

(1.) THE respondent herein while working as Senior Accounts Officer (SAO) was issued a Memorandum of Chargesheet on 28th August, 1993 under Rule 14 of the CCS (CCA) Rules, 1965. THE allegations made in the said chargesheet was that the respondent had issued cheque bearing No. AX-305405 dated 19th August, 1991 for Rs. 1,63,920/- to a non-existent firm M/s Beena Shoppies, General Suppliers at Dehradun by the office of DCDA (R and D), Dehradun with reference to local purchase bill, alleged to have emanated from Defence Electronics Application Laboratory, Dehradun but was disowned by the said Laboratory and so a preliminary investigation was carried out which revealed that respondent had attempted to embezzle public money to the tune of Rs. 1,63,920/- by causing issue of a cheque in favour of a non- existing firm and for handing over the cheque personally to a person whose whereabouts were not known.

(2.) A regular departmental enquiry was held after appointing an Enquiry Officer. The Enquiry Officer after conducting and concluding the enquiry submitted his report giving the following findings:-

(3.) RULE DB was issued in this case and the matter was directed to be listed. Nobody appears on behalf of the petitioner/UOI at the time of hearing. The matter was argued by the learned counsel for the respondent. We have also perused the writ petition as well as other pleadings including the impugned judgment of the learned Tribunal. We are one with the Tribunal insofar as Tribunal holds that the impugned order passed by the disciplinary authority suffered on account of violation of principles of natural justice by not giving hearing before disagreeing with the findings of the Enquiry officer on charges-I, II and III.