S D MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Shri S.D. Sharma, the petitioner was an inspector with the Central Bureau of Investigation (CBI for short). He was departmentally proceeded against and dismissed from service vide order dated 26th June, 2003. His departmental appeal was also dismissed on 9th July, 2003 and the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) has rejected his Original Application on 26th March, 2004 Petitioner assails all these orders in this writ petition.

(2.) Major Penalty proceedings under Rule 8 of the Delhi Special Police Establishment Act (Subordinate Ranks)(Discipline and Appeal Rules) 1961 were initiated against the petitioner in respect of 2 out of the 4 charges leveled against him. The articles of charge framed against the petitioner read as follows:

(3.) Petitioner admitted the first and the fourth charge and tried to explain his position with regard to these charges while denying charge numbers (II) and (III) on which the departmental proceedings were held. The Inquiry Officer held these charges to be proved. The disciplinary authority, after issuing a notice dated 23rd May, 2003 proposing to impose the penalty of "dismissal from service which shall ordinarily be disqualification for future employment" considered the response of the petitioner and imposed the punishment as proposed.