UNION OF INDIA Vs. R S SAHDEV

JUDGEMENT

(1.) The petitioners have filed this writ petition under 226 of the Constitution of India to impugn the order dated 12.7.2006 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No.2759/2004 and the order dated 8.1.2008 passed by it in C.P.No.285/2007.

(2.) The aforesaid O.A had been filed by Shri R.S. Sahdev and Shri S.P. Saxena who are arrayed as respondents 1 and 2 respectively in this writ petition. While in respect of respondent no.1, Shri R.S. Sahdev, the petitioners have implemented the decision of the Tribunal and, therefore, no grievance in relation to respondent No.1's claim survives, in respect of respondent no.2, Shri S.P. Saxena the petitioners are aggrieved, inasmuch as, the Tribunal sought to initiate contempt proceedings against the petitioners despite the petitioners having passed the orders dated 14.11.2007 and 22.11.2007 in purported compliance of the order passed by the Tribunal in O.A. No.2759/2004 dated 12.07.2006. We are, therefore, detailing some of the relevant facts in relation to the case of Shri S.P. Saxena, respondent no.2 alone.

(3.) The respondent no.2 was working as Scientist 'C' with the petitioner no.2. On 28.4.1988 a memorandum of charge-sheet for imposing major penalty was issued to him. Two articles of charge were framed against the said respondent which read as follows: -