REGENT COMPUTRONICS PVT. LTD.

Chandu Venkateswarlu Appellant

V/S

UNION OF INDIA Respondents

Referred Judgements :-

NAGANDRA NATH BORA VS. COMMISSIONER OF HILLS DIVISION AND APPEALS ASSAM [REFERRED TO]
RAJINDER KUMAR KINDRA V. DELHI ADMINISTRATION [REFERRED TO]
RAM KUMAR V. STATE OF HARYANA [REFERRED TO]
COMISSIONER OF POLICE BOMBAY VS. GORDHANDAS BHANJI [REFERRED TO]
HARI VISHNU KAMATH VS. AHMAD ISHAQUE [REFERRED TO]
KAUSHALYA DEVI VS. BACHITTAR SINGH [REFERRED TO]
STATE OF ANDHRA PRADESH VS. S SREE RAMA RAO [REFERRED TO]
SYED YAKOOB VS. K S RADHAKRISHNAN [REFERRED TO]
CENTRAL BANK OF INDIA VS. PRAKASH CHAND JAIN [REFERRED TO]
RAILWAY BOARD REPRESENTING THE UNION OF INDIA VS. NIRANJAN SINGH [REFERRED TO]
STATE OF ANDHRA PRADESH VS. CHITRA VENKATA RAO [REFERRED TO]
STATE OF HARYANA VS. RATTAN SINGH [REFERRED TO]
MAHARASHTRA STATE BOARD OF SECONDARY AND HIGHER SECONDARY EDUCATION VS. K S GANDHI [REFERRED TO]
NAGARAJ SHIVARAO KARJAGI VS. SYNDICATE BANK HEAD OFFICE MANIPAL [REFERRED TO]
STATE BANK OF INDIA VS. D C AGGARWAL [REFERRED TO]
INDIAN NUT PRODUCTS KERALA NUT FOODS CO VS. UNION OF INDIA [REFERRED TO]
B C CHATURVEDI UNION OF INDIA VS. UNION OF INDIA [REFERRED TO]
KULDEEP SINGH VS. COMMISSIONER OF POLICE [REFERRED TO]
OM KUMAR VS. UNION OF INDIA [REFERRED TO]
INDIAN RAILWAY CONSTRUCTION COMPANY LIMITED VS. AJAY KUMAR [REFERRED TO]
CHOLAN ROADWAYS LTD VS. G THIRUGNANASAMBANDAM [REFERRED TO]
NARENDRA MOHAN ARYA VS. UNITED INDIA INSURANCE CO LTD [REFERRED TO]
S.R. TEWARI VS. UNION OF INDIA [REFERRED TO]
UNION OF INDIA VS. B.V.GOPINATH [REFERRED TO]
THE CHAIRMAN, CENTRAL BOARD OF TRUSTEES VS. M. VIJAYARAJ [REFERRED TO]
UNION OF INDIA VS. P GUNASEKARAN [REFERRED TO]
H.P. GUPTA VS. DELHI ADMINISTRATION AND ORS. [REFERRED TO]

JUDGEMENT

(1.) The present Writ Petition under Articles 226 and 227 of the Constitution of India, seeks quashing of order dated 17.02.2014, passed by the learned Central Administrative Tribunal (Principal Bench), New Delhi (hereinafter referred to as "learned Tribunal") in O.A. No. 192 of 2013; whereby the learned Tribunal upheld the order dated 19.12.2012, passed by the Disciplinary Authority, imposing the penalty of compulsory retirement from service upon the Petitioner.

(2.) The facts as are necessary for the adjudication of the present Writ Petition are adumbrated hereinbelow: -

(3.) A perusal of the order dated 17.02.2014 passed by the learned Tribunal in O.A. No.192 of 2013 would reveal that the learned Tribunal found that there had been no violation of the principles of natural justice; and that the procedural deficiency of non-supply of the CVC's Second Stage Advice was cured in pursuance to the order dated 19.12.2011 passed by the learned Tribunal in O.A. No.2566 of 2010. It was further found by the learned Tribunal that the Rules of the CCS (CCA) have been complied with, and that it cannot be said that the Disciplinary Authority did not apply its own independent mind and acted merely on the dictation of the CVC/UPSC. In this regard, whilst placing reliance on the decision of the Hon'ble supreme Court in Ram Kumar v. State of Haryana, reported as 1986 (Supp) SCC 582, it was observed by the learned Tribunal that, since the Disciplinary Authority concurred with the decision of the Enquiry Officer, it was not necessary for the former to either repeat and record reasons in its order; or to discuss the evidence again to arrive at the same findings. Lastly, the learned Tribunal observed that it could not go into the proportionality of the penalty since this was not a case where there was no evidence, and that, in fact, all procedural requirements were fulfilled therein.

Click here to view full judgment.

CHANDU VENKATESWARLU Vs. UNION OF INDIA

Referred Judgements :-

JUDGEMENT

QUick Links

Get in Touch

Email

Contact Numbers

Address