GOVIND PRAJAPATI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE issue that arises for consideration in the present two writ petitions is the scope of judicial review of a charge-sheet by the Central administrative Tribunal and by this Court in writ jurisdiction under articles 226 and 227 of the Constitution of India.

(2.) PETITIONER, Govind Prajapati and Bhaskar Joshi, have filed the present writ petitions being W. P. (C) Nos. 2341 and 2342 of 2008 seeking quashing of the impugned judgment and orders of the Central administrative Tribunal (for short "the Tribunal") dated 19th February, 2008 passed in O. A. No. 1781/2007 and O. A. No. 1881/2007 as well as for allowing of reliefs claimed in the above Original Applications filed before the Tribunal. In essence, the Petitioners seek revocation of their suspension, quashing of inquiry proceedings initiated against them and annulment of appointment of the Inquiry Officer. Since common issues of fact and law arise in both the writ petitions and further as they have been disposed of by a common judgment and order of the Tribunal, we are disposing of these two writ petitions by way of a common judgment and order.

(3.) BRIEFLY stated, the material facts of these cases are that the two petitioners who were working as empanelled casual artist and part-time performer applied for the post of Lineman (Sound) and Actor respectively with the Song and Drama Division of the Ministry of Information and broadcasting. According to the Petitioners, the advertisement in the employment News contained a clause for relaxation of qualifications. The selection Committee of the Song and Drama Division recommended the petitioners for selection in the Song and Drama Division with two years' probation. Subsequently, Petitioners were confirmed in their respective posts.