C.D.SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in the writ petition is to the order dated February 18, 2011 passed by the Central Administrative Tribunal, Principal Bench in OA No.242/2010, whereby the OA filed by the petitioner was dismissed by the Tribunal. The brief facts are, that the petitioner while working as AEN with the respondents was charge-sheeted on October 29, 1997. Four charges were framed as under:-

(2.) The Inquiry Officer conducted the enquiry and submitted his enquiry report on October 16, 2000 by holding the charges as proved. The petitioner submitted his objection to the said report mainly on the ground of non-production and non-examination of the prosecution witnesses, and not affording a reasonable opportunity to the petitioner to cross-examine the PWs. The Disciplinary Authority after considering the enquiry report remitted the case to the Inquiry Officer for further enquiry by examination/cross-examination of some witnesses. Pursuant thereto, the Inquiry Officer after holding further enquiry submitted his report dated March 24, 2003, holding all the charges framed against the petitioner as not proved. The Disciplinary Authority did not agree with the findings of the Inquiry Officer and vide a Disagreement Note dated July 15, 2004, holding provisionally all the charges as proved, intimated the petitioner and afforded him an opportunity to submit a representation on the Disagreement Note dated July 15, 2004 which the petitioner did vide a reply dated August 03, 2004.

(3.) The Disciplinary Authority considered the representation of the writ petitioner, came to the conclusion on the said disagreement, which was challenged by the petitioner in the Allahabad Bench of the Tribunal in OA No.417/2005. The OA was allowed. The matter was taken in appeal by the respondents before the High Court at Allahabad in Civil Misc. Writ Petition No.57536/2005, which remanded the case back to the Tribunal for deciding the matter afresh. The Allahabad Bench of the Tribunal considered the matter afresh and decided on June 08, 2007, that the OA is not maintainable as being premature and dismissed the same.