CHAMAN PRAKASH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 03.07.2008 passed by the Central Administrative Tribunal (hereinafter referred to as Tribunal) and an order dated 03.11.2008 passed in the review petition. A penalty of compulsory retirement has been awarded to the petitioner herein which has been upheld by the Tribunal.

(2.) The petitioner was initially appointed as Primary Teacher on 26.10.1995. His services were confirmed on 09.01.2002 and thereafter sent on deputation to Ministry of Water Resources against the post of Technical Assistant on 03.09.2003. While on deputation, the petitioner was chargesheeted on 19.04.2004 for disciplinary action under Rule 14 of CCS (CCA) Rules, 1965 and an Inquiry Officer was appointed in the month of July, 2004. On completion of the proceedings, a report was submitted on 04.05.2005 holding the charges proved against the petitioner. The petitioner thereafter submitted his representation assailing the correctness of the findings of the Inquiry Officer. The Disciplinary Authority by an order dated 18.07.2005 imposed the penalty of Compulsory Retirement against the petitioner. The departmental appeal filed by the petitioner was also dismissed which led to the filing of the OA No. 1132/2007 on 02.07.2007. The Original Application stands dismissed.

(3.) A preliminary objection has been raised by learned counsel appearing for respondent on an advance copy on the ground of delay and laches. It is pointed out that Inquiry Officer submitted his report in the year 2005, OA was filed in the year 2007 and dismissed in the year 2008 and not a single averment has been made in the present writ petition explaining the reasons for delay.