(1.) The present petition has been filed by the petitioner with the following prayers:- "In view of the aforesaid facts, submissions and circumstances of the case, it is most humbly and respectfully prayed that this Hon?ble Court may be pleased to:
(2.) The facts as noted from the petition are, a charge sheet was issued to the petitioner on June 27, 2016. After conducting the proceedings, the Enquiry Officer has submitted his report on August 18, 2016, which has been given to the petitioner to enable him to submit his representation/response. It is conceded by the petitioner that he has not submitted his representation/response till date. It appears that the last date for submitting the same has been extended till September 08, 2017. The petitioner has challenged the charge sheet as well as the Enquiry Officer?s report on the following grounds; (i) the same has been issued by an incompetent authority; (ii) the charge sheet has not been issued in writing as contemplated under Rule 55(3) of Rules of 2003; (iii) the Enquiry Officer appointed to inquire into the charges is an Officer junior to the petitioner in rank; (iv) no reply to the charge sheet has been sought for. That apart, the charge sheet also names the Enquiry Officer, which reflects a predetermined mind of the respondents; (v) the proceedings held on July 5, 2016, July 12, 2016 and also August 04, 2016 have been conducted without issuing a show cause notice to the petitioner and (vi) the respondents have not supplied the documents sought for by the petitioner in his defence.
(3.) In support of his aforesaid grounds, the petitioner states, in terms of the UTI Asset Management Company (Staff) Rules, 2003 (for short Rules of 2003), it is the CMD, who is competent to issue a charge sheet. In this regard, he has placed before me, copy of the Rules of 2003. His alternative submission is that, even assuming the Rules of 2003 have been amended in the year 2010, the amendment is in respect of Rule 55 of the Rules of 2003 but there is no corresponding amendment to Rule 3(h), which defines „Competent Authority?. He has placed before me, the Office Order dated May 22, 2003 in that regard. He states, that the authenticated copy of the amended Rules be directed to be given to him.