R P SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner by this writ petition assails the order dated 28.6.2004 in OA No.1977 of 2003 and order dated 19.8.2004, in Review Application No.238 of 2004 of the Central Administrative Tribunal, Principal Bench, New Delhi. By the said orders petitioner's OA was dismissed on the ground that non supply of UPSC advice caused no prejudice to the petitioner and his review application was dismissed as not maintainable. Petitioner in the said OA had challenged order dated 28.1.2003, by which he had been awarded the penalty of reduction of pay by two stages in the time scale of pay for a period of two years without cumulative effect.

(2.) Petitioner prays in this writ petition for directions, inter alia, for quashing the judgment and order dated 28.6.2004 and order dated 19.8.2004 It is the petitioners case that the Tribunal has erred in holding that it is not necessary to provide UPSC's report/advice to the Charged Officer at the pre-decisional stage. Petitioner contends that denying him a copy of the recommendation of UPSC is violative of the principles of natural justice.

(3.) The facts culminating in filing of the present petition are: At the relevant time petitioner was posted as AE (Civil) PW Division No.XI. On 1.4.1997, the Departmental Vigilance Team carried out a surprise check of cement stocks at cement store and Jail No.6A. Petitioner contends that during such checking the vigilance team was satisfied about the correctness of the cement stock at the cement store. The team returned at 5 PM in the evening, when work was almost closed, purportedly to count the cement bags properly. An inspection note was prepared upon which the petitioner was asked to put his signature. Petitioner contends that despite protesting about the fallacies in the inspection note, he signed on the note on the insistence of the Vigilance Team.