LAWS(DLH)-2019-4-339

UNION OF INDIA Vs. S.K. SRIVASTAVA

Decided On April 16, 2019
UNION OF INDIA Appellant
V/S
S.K. Srivastava Respondents

JUDGEMENT

(1.) Issue notice. Mr. Gupta accepts notice on behalf of the respondent. We have heard learned counsels and proceed to dispose of the aforesaid review petition.

(2.) On 09.04.2019, we had dismissed the writ petition preferred by the petitioner Union of India. The said writ petition was preferred to assail the order dated 31.07.2018, passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in O.A. No. 1500/2018. The Tribunal, while allowing the Original Application had directed that before the passing of the final order of the Disciplinary Authority, the respondent original applicant shall be granted personal hearing.

(3.) In short, the brief background of facts is that the respondent had been charge-sheeted with 6 charges framed against him. The enquiry officer had exonerated him in respect of all the charges, but the Disciplinary Authority tentatively disagreed with the findings of the enquiry officer in respect of two of the charges, and issued a disagreement memo. At that stage, the respondent sought personal hearing from the Disciplinary Authority i.e. the President of India.