K L GULATI Vs. UNION OF INDIA

JUDGEMENT

(1.) The original applicant before the Central Administrative Tribunal, Principal Bench, New Delhi ( in short, 'the Tribunal' ) is the writ petitioner herein. He is aggrieved by an Order dated 04.01.1999 passed by the learned Tribunal in O.A. No. 748 of 1995 whereby and whereunder his Original Application, questioning an order dated 16.12.1994, passed by the appellate authority in terms whereof the order of removal passed by the disciplinary authority modifying imposition of punishment of compulsory retirement upon the petitioner, was dismissed.

(2.) The basic fact of the matter is not in dispute. The petitioner, at all material times, was working as Supervisor B/S Grade I in the Office of Chief Engineer in Military Engineering Service ( in short, 'MES' ) under the Ministry of Defence. He later on was promoted as Barrack and Store Officer (Group B post) in the year 1985. He was transferred to Suratgarh from Delhi on 20.09.1985, which order he assailed before this Court by filing a writ petition. The said writ petition was later on transferred to the Tribunal. The Tribunal vacated the interim order of stay passed by this Court on 29.07.1986. A charge-sheet was drawn up against the petitioner on or about 21.10.1986 as he failed / neglected to join his transferred post. Allegedly, as the said charge-sheet could not be served upon him personally, the same was sent by registered post. Thereafter the notices were also published in Urdu and English newspapers on 15.01.1987 and 24.02.1987 respectively. An enquiry was started in relation to the said charge-sheet on or about 28.02.1987. He participated in the said enquiry in May, 1987, but since June, 1987, he did not take part therein. The Inquiry Officer submitted a report wherein inter alia it was held that the charges against the petitioner were proved. Relying on or on the basis of the said report, the disciplinary authority passed an order of removal from service against the petitioner on or about 24.08.1987. Thereagainst the petitioner filed an original application, which was marked as O.A. No. 214 of 1988. Therein he had also prayed for quashing of the said public notices issued by the respondent informing him that he had been awarded the punishment of removal from service. He had filed other original applications also, with which we are not concerned in the present proceeding.

(3.) In the aforesaid Original Application, the petitioner inter alia raised a contention that the enquiry in question indeed was merely a fact finding one and not a regular enquiry as no charge-sheet had been served upon him. The Tribunal in its Order dated 09.06.1989 upon taking into consideration the materials on records held :-