LAWS(DLH)-2015-12-164

JAY SHANKAR PANDEY Vs. RAJYA SABHA SECRETARIATE

Decided On December 16, 2015
Jay Shankar Pandey Appellant
V/S
Rajya Sabha Secretariate Respondents

JUDGEMENT

(1.) Vide Memorandum of 5th/8th May, 2000, an inquiry was initiated against petitioner on the allegations of misconduct and misbehavior. Vide Memorandum of 10th May, 2000 (Annexure -5) adverse entries in the Annual Confidential Report (henceforth referred to as the 'ACR') for the year 1999 were conveyed to petitioner, whereas vide Memorandum of 1st August, 2000 (Annexure P -8), petitioner's Representation against the adverse entries in the ACR was dismissed.

(2.) Vide order of 4th December, 2001 (Annexure P -15), the Disciplinary Authority after considering the Inquiry Report and the written Representation of petitioner had agreed with the findings of the Inquiry Officer and had ordered that a minor penalty of withholding one increment for a period of two years without cumulative effect be imposed on petitioner. Vide impugned order of 1st May, 2002 (Annexure P -17), petitioner's appeal against Disciplinary Authority's order of 4th December, 2001 (Annexure P -15), stands dismissed.

(3.) In this petition, quashing of the afore -noted Memorandums and orders is sought by petitioner, who was working as a Translator in the office of respondent. The departmental inquiry against petitioner proceeded on twin charges. Since petitioner has been already exonerated on the first charge, therefore, it is not required to be dealt with.