UNION OF INDIA Vs. PROF P N BHAT

JUDGEMENT

(1.) These writ petitions are directed against the order dated 23rd October, 2003 passed by the Central Administrative Tribunal allowing the Original Application filed by the respondent holding that the disagreement note of the disciplinary authority is not a tentative decision but a final decision taken on the charges against the respondent and, therefore, the said disagreement note is illegal and invalid. The Tribunal consequently quashed the said disagreement note as also the penalty imposed on the respondent thereby quashing the entire proceeding.

(2.) Being aggrieved by the said order, these writ petitions are tiled by the petitioners contending, inter alia, that a bare look at the disagreement note recorded by the disciplinary authority and communicated to the respondent vide Office Memorandum dated 17th August, 2001 would establish that the same was only tentative in nature and was not a final decision taken in the disciplinary proceeding. Since the issues in all the writ petitions are similar, we dispose of all these writ petitions by this common judgment and order.

(3.) Counsel for the respondent has brought to our notice various facts to show that the entire departmental proceeding taken by the petitioners were mala fide and that under no circumstance it could be said that any of the charges drawn up against the respondent was proved in the disciplinary proceeding It is also submitted by the counsel for the respondent that the disagreement note recorded by the disciplinary authority is a final opinion expressed in respect of the charges and, therefore, the opportunity which is granted to show cause was only an eyewash and, therefore, the same was rightly set aside and quashed by the Tribunal. It is also submitted that the aforesaid disagreement note is not recorded by the actual disciplinary authority but was recorded by the Deputy Secretary (Vigilance), who has also communicated the same.