M L KARARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner had challenged the order dated 20.12.2006 passed by Central Administrative Tribunal, Principal Bench, New Delhi, in O.A. No. 1438/2006 titled as M.L. Kararwal vs. Union of India through Secretary, Ministry of Home Affairs, dismissing the original application filed by the petitioner wherein he had sought quashing and setting aside of order dated 16.01.2006 and 6.7.2006 compulsorily retiring him from service.

(2.) AN enquiry under Rule 14 of CCS (CCA) Rules, 1965 was conducted by Commissioner of Departmental Inquiries, who gave a report dated 8.1.1992 holding that no charges were made out against the petitioner. The disciplinary authority, however, while exercising power under Rule 15(1) of CCS(CCA) Rules permitted the case for de novo enquiry and appointed another enquiry officer. The second enquiry officer also gave a finding that no charges were made out in his report dated 26.06.1997.

(3.) THE Tribunal while considering the pleas and contentions of the parties have relied and considered the various precedents referred to by the parties. Taking all the facts and circumstances into consideration, the Tribunal has held that the respondents have correctly proceeded in the matter and concurred with the disagreement note to the enquiry report dated 26.06.1997 and thus declined to interfere with the decision of the respondents.