MADAN MOHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is aggrieved by an order dated 25.07.2018, passed by the Central Administrative Tribunal dismissing OA No. 2759/2018 filed by him challenging the charge-sheet issued to him by the respondent proposing to impose a major penalty on him. Further, the petitioner has assailed an order dated 20.08.2018, passed by the Tribunal dismissing Review Application No. 139/2018 filed by him seeking review of the order dated 25.07.2018.

(2.) It may be noted at the outset that this is the second round of litigation that the petitioner has initiated in the High Court. Prior thereto, aggrieved by the order dated 25.07.2018 passed by the Tribunal, the petitioner had filed a writ petition in the High Court [W.P.(C)8194/2018] which was disposed of on 06.08.2018 at the stage of admission itself, in view of the statement made by the learned counsel for the petitioner that he be permitted to withdraw the said petition while reserving the right of his client to approach the Tribunal to challenge an office order dated 03.04.2018, issued by the Department of Expenditure, Ministry of Finance, Government of India on the subject of allocation of work to the Minister of the State in the Ministry of Finance which had not been challenged in the Original Application filed before the Tribunal.

(3.) In view of the statement of the learned counsel for the petitioner, leave as prayed for was granted and the writ petition was disposed of while making it clear that this Court had not made any observations on the merits of the pleas taken by the petitioner in the said writ petition including those relating to the office order dated 03.04.2018. It was also observed that if the petitioner approaches the Tribunal to assail the office order dated 03.04.2018, it would be open to the Tribunal to take a view in the matter, in accordance with law. Similarly, the respondent was also permitted to take all pleas in opposition to the said petition including its maintainability before the Tribunal.