MAHAVIR VATS Vs. KENDRIYA VIDYALALA SANGATHAN

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 26.03.2012 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, in OA No.1093/2011. It transpires that the petitioner, who was working as an Upper Division Clerk with the Kendriya Vidyalaya Sangathan (KVS) Headquarters, New Delhi, was chargesheeted on 10.01.1994 on the following two allegations:

(2.) THEREAFTER the matter was considered by the enquiry officer and a report was submitted. The Disciplinary Authority after confirming the fact that the charges were proved against the petitioner imposed the punishment of removal from service by an order dated 18.02.1997. The Appellate Authority had also confirmed this punishment on 15.10.1997.

(3.) AFTER considering the arguments advanced by the learned counsel for the parties we find that the initial order passed by the Tribunal in TA No.1094/2009 had, in effect, set aside the findings with regard to the charges against the petitioner and had only directed the Appellate Authority to consider the question of proportionality of punishment. We find that order a little strange inasmuch as if the Tribunal felt that the charges did not stand proved, there would be no question of punishment and therefore the question of proportionality would not at all arise. Anyhow, neither the petitioner nor the respondent filed any writ petition against that order and accepted the same. Subsequently, by virtue of the Appellate Authority's order, in the second round, the punishment has been altered to compulsory retirement and it is that order which became the subject matter of challenge before the Tribunal which has been dismissed by the Tribunal by virtue of its order dated 26.03.2012.