UNION OF INDIA Vs. RAJ SINGH

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India seeks to assail the order dtd. 20/3/2024 passed by the learned Central Administrative Tribunal, Principal Bench in O.A. No. 2357/2023. Vide the impugned order, the learned Tribunal has allowed the Original Application (hereinafter 'OA') preferred by the respondent by setting aside the charge memorandum dtd. 13/6/2023 issued by the petitioners against him and, has consequently, directed the petitioners to grant him consequential benefits arising out of the quashing of the aforesaid memorandum.

(2.) Before dealing with the rival submissions of the parties, we may note the brief factual matrix as is necessary for adjudication of the present petition.

(3.) The respondent, who was working as Registrar of Companies (RoC), Himachal Pradesh in the year 2017, was transferred as Regional Director, Northern Region (North Region) (hereinafter 'NR'), Ministry of Corporate Affairs, where he continued to serve from 30/8/2018 till 28/9/2022. During this period, while the respondent was serving as Regional Director (NR), the petitioner, upon receiving a complaint from the Prime Minister's Office, along with a letter dtd. 13/3/2019, issued by the Serious Fraud Investigation Office (SFIO), took a decision to get an inspection conducted in the books and papers of one M/s Carnoustie Management (India) Private Limited and 22 related companies (hereinafter 'Carnoustie group'), which were, allegedly, being used as a conduit by promoters of M/s Unitech Limited for siphoning of funds of home buyers. At this stage itself, it may be noted that as the Board of Directors of M/s Unitech Limited had already been suspended by the National Companies Law Tribunal (hereinafter NCLT) in 2017, in terms of an order passed by the Hon'ble Supreme Court of India in January 2020, 7 nominee Directors of the Central Government were appointed to take care of the management of the said M/s Unitech Limited.