COMMISSIONER, KVS Vs. ASHOK KUMAR SHARMA

JUDGEMENT

(1.) We have heard learned counsel for the parties.

(2.) The writ petitioner has assailed the order dated 25th February, 2013 in O.A.No.1292/2006 of the Central Administrative Tribunal. The facts disclosed before us would show that the respondent was appointed as an Audit Assistant (re-designated as Assistant Superintendent) with the Kendriya Vidyalaya Sangathan, (appellant before us). Pursuant to a charge-sheet dated 16th May, 2000, disciplinary proceedings were held against the respondent which culminated in an enquiry report dated 9th February, 2002 whereby the Inquiry Officer found the respondent guilty of the following charges.:

(3.) After considering the representation of the petitioner on the enquiry report, the Disciplinary Authority passed an order dated 5th November, 2002 accepting the recommendation of the Inquiry Officer and imposing the punishment of dismissal from service. Thereafter the petitioner filed a statutory appeal before the Appellate Authority which had not been considered. Aggrieved thereby, the petitioner approached the Tribunal by way of an original application being O.A.No.463/2003 which was disposed of by the said Tribunal by an order dated 11th July, 2003 directing the Appellate Authority to dispose of the petitioner's appeal. The appeal was finally disposed of by an order dated 29th September, 2003 of the Appellate Authority rejecting the appeal. The respondent filed a Revision Petition against the order of the appellate authority. Again the revision petition was not taken up for consideration by the Revisional Authority. Aggrieved thereby the respondent filed O.A.No.317/2005 which was disposed of by order dated 11th February, 2005 directing the Revisional Authority to dispose of the revision. This revision was dismissed by an order dated 23rd March, 2006.