LAWS(DLH)-2019-10-201

UNION OF INDIA Vs. GAUSAL AZAM KHAN

Decided On October 21, 2019
UNION OF INDIA Appellant
V/S
Gausal Azam Khan Respondents

JUDGEMENT

(1.) The Union of India through the Ministry of Defence ("MoD"), the Director General of the Defence Research Development Organization ("DRDO") and its other officers, have filed this petition, challenging an order dated 20th July, 2017, passed by the Central Administrative Tribunal, Principal Bench, New Delhi ("CAT"), allowing OA No. 3685/2014, filed by the Respondent herein, and quashing the penalty order dated 8th December, 2015, passed by the Disciplinary Authority ("DA"), awarding him the punishment of "reduction to a lower time-scale of pay by three stages for a period of one year with effect from date of issue of this order, which shall not affect his future increments and promotion."

(2.) The background facts are that the Respondent was selected as Scientist "D", by a letter dated 4th September, 2008 issued by the DRDO. He joined in the Department of Defence Institute of Physiology and Allied Science ("DIPAS"), Lucknow Road, Timarpur.

(3.) In the year 2010, the Respondent was in-charge of the Haematology Group of Research. He along with two scientists, Dr. Zahid Ashraf and Dr. R. Sugadev was asked to submit a combined project concept. The said three scientists applied to the Director, DIPAS to submit a proposal to the International Society on Thrombosis and Haemostasis ("ISTH"), for a conference to be held in Japan in 2011. A copy of the conference brochure was enclosed. The deadline for submitting extracts of the papers to be submitted at the said conference expired on 14th February, 2011. However, by that date, there was no response from the Director.