K N PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has impugned the order dated 25th August, 2008 passed in o. A No. 1589/2007 titled K. N. Pandey v. Union of India dismissing the original application challenging the orders dated 18th August, 1992 and 31st March, 2006 whereby Article 310 (1) of the Constitution of India and Rule 19 (iii) of CCS (CCA) Rules, 1965 were invoked to dispense with the holding of an inquiry against the petitioner and to dismiss him from service.

(2.) THE petitioner was working as a Draftsman (L) in Naval Headquarters and was implicated in a criminal case under Section 3/5/9 of the Official Secrets Act along with nine other persons. The petitioner made a confessional disclosure statement on 8th September, 1990 admitting that in lieu of money he had been passing classified defence documents/designs to one Anand Brothers and thereafter to one Mohd. Waris from Pakistan High commission.

(3.) AS per the instructions for dealing with Government servants engaged in subversive activities issued by Department of Personnel and Training (Dopandt) on 1st August, 1985 and also the instructions contained in an amended O. M dated 26th July, 1980, a note was prepared detailing the conduct of the individual persons and the petitioner and the material against him and other persons involved in subversive activities. A committee of advisors on consideration of material recommended dispensation with the inquiry against the petitioner and his dismissal by invoking the doctrine of pleasure under Article 311 (2) (c) of the Constitution of India. The recommendation was placed before the Prime minister and thereafter before the President who after satisfying himself had passed the order of dismissal and had held that it will not be expedient to hold an enquiry against the petitioner. The petitioner was acquitted of all charges in the related sessions case No. 14/1996 vide judgment delivered on 5th july, 2001 by giving to him the benefit of doubt. After preferring an appeal for reconsideration of his dismissal, the petitioner filed a writ petition being W. P (C) No. 978/1999 against his order of dismissal which was disposed of by order dated 25th January, 2006. The dismissal of the petitioner was upheld. However, an observation was made to the effect that the respondents should re-examine the entire case by considering the materials relied upon in 1992 to dispense with the inquiry and the factors which led to the petitioner's acquittal in the criminal case. The Court also directed reconsideration of the issue whether the petitioner's service should be restored and whether an enquiry should be held against the petitioner.