SUNIL KUMAR SAXENA Vs. EXPORT INSPECTION COUNCIL

JUDGEMENT

(1.) The present appeal is arising out of judgment dtd. 22/4/2019 passed by the learned Single Judge in W.P.(C.) No. 8335/2017 titled Sunil Kumar Saxena Vs. Export Inspection Council, dismissing the writ petition against the order of removal dtd. 2/11/2015, inflicted by way of punishment by the Competent Disciplinary Authority in exercise of powers conferred under the Export Inspection Agency Employees (Classification, Control and Appeal) Rules, 1978 (Rules of 1978). The appellant has also challenged the order dtd. 14/2/2017, passed by the Appellate Authority.

(2.) The undisputed facts of the case reveal that the appellant before this Court was appointed on 25/1/1980 to the post of Peon in the services of Export Inspection Council. On 26/2/2012, an incident took place involving a minor scuffle between Mr. Deepak Shekhar and Mr. Praveen Sakhuja. On account of a minor scuffle between the aforesaid two persons, on 29/10/2012, an order was passed placing the petitioner under suspension in exercise of powers conferred under sub-Rule (a) of Rule 6 of the Rules of 1978 contemplating a departmental inquiry alleging his involvement also in the incident dtd. 26/2/2012.

(3.) A charge-sheet was issued on 30/10/2013 alleging violation of the Central Civil Services (Conduct) Rules 1964 ' which are also applicable to the employees of the Export Inspection Agency (EIA). It was alleged that the appellant Sunil Kumar Saxena ' while functioning as the Despatch Rider, conspired and connived with one Praveen Sakhuja ' who was working as the Technical Officer at the EIA, as a result of which Shri Praveen Sakhuja physically assaulted Deepak Shekhar ' retired Joint Director, Export Inspection Agency, Delhi, in the office premises. The statement of Article of Charge framed against the Appellant Sunil Kumar Saxena is reproduced as under: