RAM NARAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) This intra-court appeal is directed against the judgment of the learned Single Judge dtd. 12/3/2019 passed in W.P (C) 2408/2012 whereby the writ petition of the appellant seeking quashing of Memo dtd. 12/4/2004, order dtd. 17/5/2004 (passed by the Disciplinary Authority) and order dtd. 9/5/2011 (passed by the Appellate Authority) was dismissed.

(2.) The short question which arises for consideration in the present appeal is whether the appellant who was awarded a major penalty of compulsory retirement after a full-dress departmental inquiry, is entitled to count the period from 6/11/1989 to 17/5/2004 i.e. the date of suspension till date of punishment, towards qualifying service for grant of pensionary benefits?

(3.) To answer the above question, the brief facts which need to be noted are that the appellant was appointed as a Stenographer, Gr. III, in the Indian Council of Social Science Research (ICSSR) on 25/10/1980 and while working in that capacity, he was charge-sheeted for assaulting Dr K.K. Sidh, Deputy Director, ICSSR, in the office premises on 6/11/1989. The appellant submitted his written statement explaining his actions but at the same time he admitted to having slapped Dr K.K. Sidh. The Disciplinary Authority finding the explanation of the appellant to be unsatisfactory decided to hold an inquiry and constituted an Inquiry Committee. The appellant participated in the inquiry proceedings which culminated in a report which found the appellant guilty of the charges framed against him.