S.K. SHAH Vs. UOI

JUDGEMENT

(1.) By way of the instant writ petition, the petitioner has assailed the order dated 17th January, 2011 whereby the disciplinary authority accepted the report of the inquiry dated 29th October, 2009 submitted by the inquiry officer on culmination of disciplinary proceedings which were conducted against the petitioner with regard to the charge sheet dated 22nd August, 2007. The disciplinary proceedings were held on the following charges:

(2.) Amongst others, the petitioner has assailed the said order dated 17th January, 2011 on the ground that the order has been passed without taking into consideration the representation submitted by the petitioner with regard to the inquiry report. Another ground for challenge in the writ petition by the petitioner before us is that the respondents had referred the case to the Union Public Service Commission (UPSC) for advice, which advice when received was taken into consideration by the disciplinary authority while passing the impugned order and imposing the penalty upon the petitioner. However, the advice which was received by the respondents was not furnished to the petitioner prior to the passing of the order and thereby petitioner was deprived of the opportunity to make a representation in respect of the same.

(3.) Inasmuch as we propose to dispose of the writ petition on these grounds, we do not deem it necessary to examine the challenge by the petitioner to the proceedings of the inquiry at this stage or the other grounds of challenge.