P.N. BHAT Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE writ petitions arise out of a common set of circumstances and are therefore being taken up for disposal together. W.P. (C) 2656/2003 has been filed on behalf of Prof. P.N. Bhat challenging the order dated 17.12.2002 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No. 3223/2002. W.P. (C) 5695/2003 has been filed on behalf of Union of India (UOI) against the very same order passed by the Tribunal on 17.12.2002.

(2.) INSOFAR as Prof. P.N. Bhat is concerned, his case is that the charge memos dated 25.09.1997 and 31.10.1997 ought to be quashed as also further proceedings based thereon on the sole ground of inordinate unexplained delay. This plea was taken on behalf of Prof. P.N. Bhat before the Tribunal. The Tribunal, however, did not agree and directed the Indian Council of Agricultural Research (ICAR) to complete the departmental proceedings within a period of six months from the date of receipt of the certified copy of the impugned order dated 17.12.2002.

(3.) THE petitioner was working as Director-cum-Vice Chancellor of IVRI which is an Institute/Deemed University under the ICAR. The charges levelled in the two charge memos referred to above relate to the period when the said Prof. P.N. Bhat was working as Director-cum-Vice Chancellor of IVRI during 1987 to 1990. It is relevant to note that a show cause notice was issued to Prof. P.N. Bhat on 27.06.1990 containing as many as 97 allegations. Thereafter, a transfer order was passed on 25.01.1990 followed by a suspension order dated 17.05.1990. Both these orders were challenged by Prof. P.N. Bhat by way of an Original Application being O.A. No. 105/1990. The Tribunal by an order dated 31.10.90 quashed the transfer order as also the suspension order. However, the Tribunal gave liberty to the respondents namely ICAR to continue with the investigation/Inquiry.