R.K. GARG Vs. UNION OF INDIA

JUDGEMENT

(1.) THE two principal issues that arise for our consideration relate to the interpretation of the proviso to Rule 9(2)(a) of the Central Civil Services (Pension) Rules, 1972 and the validity of a non -speaking order passed by a disciplinary authority pursuant to a departmental disciplinary inquiry.

(2.) THE Petitioner is aggrieved by a common order dated 27th May, 1999 passed by the Central Administrative Tribunal, Principal Bench in OA Nos. 22/1993 and 3310/1992.

(3.) THE Petitioner was subjected to two departmental disciplinary enquiries by the Respondents on the basis of two charge -sheets issued to him under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. During the pendency of the disciplinary proceedings, the Petitioner superannuated and, therefore, the enquiries proceeded against him in accordance with the provisions of Rule 9 of the Central Civil Service (Pension) Rules, 1972.