KISHOR KUMAR Vs. UOI

JUDGEMENT

(1.) VIDE memorandum dated 23.05.2009 the petitioner was served with a charge sheet consisting of 2 charges; the 3rd charge simply indicated to the petitioner that as per his service book, in the past, he was levied 1 major and 7 minor penalties which evidenced his being a habitual offender. It is apparent that the so-called 3rd charge was in fact an intimation to the petitioner that the Disciplinary Authority would be considering the past service record of the petitioner, should he be found guilty of the first 2 charges listed against him. The 3 charges read as under:-

(2.) THE petitioner submitted his reply on 6.6.2009 and in our opinion it would be appropriate if the defence taken by the petitioner is noted inasmuch as it would help focusing upon the rival viewpoints debated at the bar during hearing of the writ petition.

(3.) 10 prosecution witnesses were examined to prove the charges against the petitioner and 1 court witness was examined by the Inquiry Officer for the purpose of proving the 3rd charge i.e. the charge pertaining to the character i.e. previous service record of the petitioner.