UNION OF INDIA AND ORS. Vs. OM PRAKASH

JUDGEMENT

(1.) Present petition has been filed by petitioners under Article 226 of the Constitution of India, inter alia, seeking a direction to quash the Order dated 13.11.2014 passed by Central Administrative Tribunal, Principal bench, New Delhi, (hereinafter referred to as "the Tribunal?) in O.A.No.2168/2013, whereby the Memorandum dated 10.7.2006, Enquiry Report dated 30.12.2009, the advice of the UPSC dated 5.11.2012 and the Presidential Order dated 19.2.2013 were held to be not sustainable. The petitioners also pray that the O.A. filed by the respondent herein before the Tribunal should also be dismissed.

(2.) The brief facts of the case, according to the petitioners, are that on 10.7.2006 the respondent was proceeded under Rule 14 of the CCS (CCA) Rules, 1965, on the allegations of violation of the provisions of Rule 3 (2)(i) of CCS (Conduct) Rules, 1964 and Rule 33 (3) (b) (iii) of Post Office Savings Bank Manual Volume-I, wherein the Enquiry officer held the charges proved. The substance of imputation of misconduct or misbehavior in respect of which enquiry was conducted and as set out in the statement enclosed with the Memorandum No.F1/IV-1/04-05 dated 10.7.2006 reads as under:

(3.) As the respondent denied the Articles of Charge, an enquiry was held in the matter. During the pendency of the enquiry the respondent herein retired form service on 31.8.2006. Thereafter the proceedings which were conducted in accordance with Rule 14 of the CCS (CCA) Rules, 1965, were then continued under Rule 9 of the CCS (Pension) Rules 1972. The Enquiry Officer submitted his report on 30.10.2009. The conclusion of the report reads as under