C.P.GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the present writ petition, the petitioner has assailed the disciplinary proceedings conducted against him pursuant to a memorandum of charges issued on 7 th December, 2005; the findings of the inquiry officer dated 29th January, 2009; the order dated 26 th August, 2010 issued by the disciplinary authority accepting the recommendations and findings of the inquiry officer and imposing the punishment of dismissal of service which shall ordinarily be a disqualification for future Government employment.

(2.) It is contended by the petitioner that the order of penalty upon the petitioner is not sustainable for the reason that as per the impugned order dated 26 th August, 2010, the disciplinary authority had sought the advise of the Union Public Service Commission (UPSC) which recommended the imposition of the penalty of "Dismissal from Service" upon the petitioner. It is urged that the advise of the UPSC was served upon the petitioner along with the order dated 26 th August, 2010 passed by the disciplinary authority which accepted and acted upon the advise of the commission. Reliance is placed on the judicial pronouncements of the Supreme Court Union of India & Ors. Vs. S.K. Kapoor, 2011 4 SCC 589 S.N. Narula Vs. Union of India & Ors., 2011 4 SCC 591 and two pronouncements of this court being the decision dated 13th January, 2012 in WP (C) No.265/2012 Union of India Vs. Yogita Swaroop & Anr. and the decision dated 24th January, 2012 in WP (C) No.476/2012 Union of India & Anr. Vs. R.K. Sareen.

(3.) It is urged that in the light of these precedents, the petitioner was legally entitled to a copy of the advice of the UPSC and was required to be given an opportunity to make a representation against the advise and to submit his point of view. The submission is that such representation of the petitioner was required to be considered by the disciplinary authority before accepting the recommendations of the inquiry officer and imposing the punishment upon him.