LAWS(DLH)-2016-9-215

STATE OF HARYANA Vs. K L MANHAS

Decided On September 06, 2016
STATE OF HARYANA Appellant
V/S
K L Manhas Respondents

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 26.08.2015 passed by the Central Administrative Tribunal (hereinafter referred to for short as "the Tribunal") by which the OA No.3848/2014 filed by the respondent stands allowed only on the ground that the charge sheet was not approved by the Disciplinary Authority, which in the present case is the Chief Minister of the State.

(2.) On the last date of hearing, i.e. 26.05.2016, this Court had directed the petitioner to bring the original file to Court. The original file has been examined. We have asked the learned counsel for the petitioner as to whether the charge sheet has been approved by the Disciplinary Authority or not. The learned counsel for the petitioner has drawn our attention to the order dated 17.12.2004 where the proposal to take disciplinary proceedings against the respondent has been approved by the Chief Minister. The petitioner has failed to point out that the charge sheet was also approved by the Chief Minister.

(3.) In this case, the respondent had approached the Tribunal seeking the following reliefs: