SH. R.C.KAPUR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is filed by Sh. R.C. Kapur impugning the orders passed by the Disciplinary Authority and the Reviewing Authority dated 30.9.1985 and 3.1.1990 respectively whereby the petitioner has been inflicted the penalty of removal from service of State Farms Corporation of India Ltd./respondent nos. 2 and 3.

(2.) ON 22.7.1992, at the time of issuing of notice in the present writ petition, notice was restricted to the compliance of Regulation 151(4) of the Staff Regulations of the respondent nos. 2 and 3. What is contended on behalf of the petitioner is that there are two ingredients of Regulation 151(4) which have not been complied with, firstly of evidence having not been considered by the Disciplinary Authority and secondly of the Disciplinary Authority not having been independently passed itself an order giving its findings and conclusions.

(3.) LEARNED senior counsel for the petitioner has referred two grounds (c) and (h) of the writ petition and the contents of the order of the Disciplinary Authority dated 30.9.1985 and the Reviewing Authority dated 3.1.1990 to argue that the said orders do not show that the authorities have considered the evidence before passing the impugned orders. Stress is also laid on the Office Memorandum of CVC dated 16.4.1985 to contend that the said Memorandum shows that documents were not with the Disciplinary Authority and the Reviewing Authority which passed the orders as the same are said to be with the Department of Food.