UNION OF INDIA Vs. K. NARASIMHA

JUDGEMENT

(1.) CM No.1308/2015 Exemption allowed, subject to all just exceptions. Application stands disposed of. W.P.(C) 736/2015 & CM No.1307/2015

(2.) BY this petition filed under Article 227 read with Article 226 of the Constitution of India, the petitioner seeks to challenge the impugned order dated 28.07.2014 passed by the learned Administrative Tribunal, Principal Bench, New Delhi in O.A. No.1913/2014. Mr. Anurag Ahluwalia, learned Standing Counsel appearing for the petitioner has strongly contended that the learned Tribunal has wrongly placed reliance on an earlier decision of the Tribunal in the case of Shankarsan Dash, which is not applicable to the facts of the present case as in that case, the Tribunal was seized with the issue of transfer of the officers but not with the matters pertaining to disciplinary proceedings or vigilance cases. Counsel further submits that the earlier decision of the CAT dated 11th July, 2014 in the case of J.K. Sharma vs. Union of India and Ors. in O.A. No.4293/2012 wholly attracts the facts of the instant case however it went unnoticed by the CAT while deciding the present O.A. No.1913/2014. Counsel further submits that having not taken into consideration the point of law as decided by the CAT itself in the case of J.K. Sharma case, the decision in the present O.A. has infact become per incuriam. Counsel also submits that in J.K. Sharma case, the learned Tribunal has taken authoritative view that matters pertaining to vigilance cases/departmental proceedings are to be dealt with at the central level under AIS (D&A) Rules of 1969 read with the minutes of meeting dated October, 1989. Notice. Mr. Sagar Saxena, Advocate accepts notice on behalf of the respondent and states that respondent filed O.A. No.1913/2013 feeling aggrieved by major penalty charge -sheet which was issued against him by the order of the Ministry of Home Affairs dated 07.07.2010. The principal contention raised by the respondent before the Tribunal was that he belonged to AGMUT Cadre and therefore in view of the notifications dated 28.12.1988, 11.01.1989, 03.04.1989 and 25.04.1995, the said charge memo could not sustain as the same has not been issued by the competent authority, in the light of the judgment of the Tribunal in Shankarsan Das vs. Union of India (O.A. No.2602/2012 decided on 13.12.2013) . Placing reliance on the decision of the Shankarsan Das case, the learned Tribunal took a view that it has been conclusively held that it is the joint cadre authority and not the home department which is competent to take decisions in respect of service matters including disciplinary proceedings, transfer, etc. of IAS, IPS and IFS of AGMUT Cadre. While taking this view, perhaps the attention of the CAT was not invited to its own decision in the case of J.K. Sharma, which was decided just few days prior to the date of decision in the present matter. In J.K. Sharma case, the Tribunal took a view that even if the Joint Cadre Authority is competent to discharge the functions of State in respect of member of AIS of Joint Cadre, the vigilance cases/departmental proceedings will be governed by AIS(D&A) Rules read with the resolution passed in October, 1989. The relevant para of the said judgment is reproduced as under: -

(3.) MANIFESTLY in Shankarsan Das case, the Court was not dealing with the issue of disciplinary proceedings but was concerned with the transfer of the officers of AGMUT Cadre while in J.K. Sharma case the Court was dealing with disciplinary proceedings.