SUSHIL KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition challenges the order of suspension dated 30.5.2003 and the charge-sheet dated 28.8.2003 issued to the petitioner by the respondent No.3 as Chairman of the respondent No.2, his employer. The grounds on which the relief is sought is malafides on the part of the disciplinary authority. The petitioner was the Director (Research and Administration) for respondent No.2, Indian Council of Historical Research (`ICHR' for short). M.G.S.Narayanan, respondent No.3 in this writ petition, assumed the office of the Chairman of ICHR on 4.7.2001. He continued to be the Chairman till December, 2003. Although there are allegations in this writ petition against other functionaries of the ICHR the writ petition needs to be examined only in respect to the malafides alleged against respondent No.3.

(2.) Before coming to the allegations it will be proper to give a brief resume of the charge-sheet against the petitioner which has 19 heads. Briefly stated they are as under:

(3.) The petitioner"s allegation of malafide in the mind of M.G.S.Narayanan is basically what is available in paragraphs 3, 4 and 5 of the writ petition. According to the petitioner"s pleadings in these paragraphs M.G.S.Narayanan, respondent No.3, acted in retaliation of the statutory audit report of the Comptroller and Auditor General of India which pointed out misuse of powers by the Chairman, Respondent No.1 vide its letter dated 26.5.2003 addressed to the Member Secretary, ICHR required that a final reply to the audit objections be sent within a period of 15 days, i.e., by 9.6.2003. A copy of this letter was marked to the petitioner for information and for necessary compliance. The petitioner issued orders dated 28.5.2003 and 30.5.2003. This action, petitioner alleges, annoyed the respondent No.3, M.G.S.Narayanan, Chairman, and as a cover up operation and to keep the petitioner at bay he passed the order of suspension on 30.5.2003. The statutory audit report dated 3.4.2003 indicted the Chairman M.G.S.Narayanan on various counts. They were in respect of the irregular appointment of Consultant Mr.R.N.Wali, irregular payment of mobile phone charges amounting to Rs.50,565/- upto July, 2002, irregular expenditure of Rs.2,33,113/- on the purchase of computer at Calicut at the office-cum-residence of the Chairman and incurring avoidable expenditure of Rs.5,03,168/- at the residence- cum-office of the Chairman at Calicut in the year 2001-02.