SHASHI MOHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this petition is to an order dated August 6, 2019 passed by the Central Administrative Tribunal ('Tribunal', for short) in the Original Application being OA 2293/2019 ('OA', for short) whereby the Tribunal had dismissed the OA filed by the petitioner. The challenge in the OA by the petitioner was to the charge sheets dated October 06, 2017 and February 21, 2019 and order of suspension dated January 11, 2019.

(2.) The facts which lead to the filing of the present petition are that petitioner is working as a Deputy Director (Group 'A' post) in the erstwhile Council for Advancement of People's Action in Rural Technology ('CAPART', for short). He had earlier filed an OA 1143/2019 by raising two grounds. The first one was that the then incumbent Director General was only looking after the charge of Director General and as such not competent to issue the charge sheet. The second ground was that the Director General, who was given the look-after charge, was not delegated with the powers of disciplinary authority. The Tribunal rejected the aforesaid OA on both the grounds vide order dated April 09, 2019. However, it was made clear by the Tribunal that in case the petitioner is able to get hold of any material in support of his contentions, then it shall be open to him to take necessary steps in that regard.

(3.) In the OA being 2293/2019, the case of the petitioner was that the Director General is only a delegatee of the Executive Committee of CAPART and as per clause 36 (c) of the Memorandum of Association of the CAPART, the Executive Committee can delegate its powers to Chairman, Standing Committees, Director General or any other Officer, but the action taken by such authorities shall be subject to confirmation at the next meeting of the Executive Committee. His case was also that the Director General, CAPART did not seek approval of his action as regards initiation of disciplinary proceedings or passing order of suspension from the Executive Committee, let alone, approved by it. One of the contention before the Tribunal was also that the discharge of powers by the Director General was contrary to the law laid down by the Supreme Court in Union of India and Ors. v. B.V. Gopinath, (2014) 1 SCC 351.