UNION OF INDIA Vs. HASHMI

JUDGEMENT

(1.) The present petition under Article 226 and 227 of the Constitution of India seeks to assail the common order dtd. 5/4/2021 passed in O.A Nos. 3133/2017 and 1518/2020. Vide the impugned order, the learned Tribunal while dismissing O.A 1518/2020 preferred by the respondent whereunder he had sought voluntary retirement from service, has allowed O.A No. 3133 of 2017 by setting aside the charge memo dtd. 19/2/2004 and initiation of departmental proceedings against the respondent vide order dtd. 3/7/2017.

(2.) In order to appreciate the rival submissions of the learned counsel for the parties, it would be apposite to first note the brief factual matrix emerging from the record.

(3.) While the respondent was working as Garrison Engineer (Naval Works) Mankhurd, a complaint was lodged against him before the Anti Corruption Branch, CBI, Mumbai on 9/4/2003. It was alleged in the complaint that the respondent had demanded bribe for accepting the tender for the work of 'Provn of Chloronome Plan, Submersible Pump set, repair of AC Plan and other item of works at CGAS Daman'. It appears that based on this complaint, the respondent was sent to judicial custody on 16/4/2003 and was consequently deemed to have been suspended w.e.f. 10/4/2003 itself. Based on this complaint, the petitioners issued a charge memo dtd. 19/2/2004 to the respondent, to which he duly replied. However, the petitioners, instead of taking any departmental action pursuant to this charge memo, decided to await the outcome of the criminal proceedings lodged against the respondent at the behest of the CBI.