RATI PAL SAROJ Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has preferred the present writ petition to assail the order dated 10.09.2018 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, (the Tribunal) in O.A. No. 419/2013. The Tribunal has rejected the said Original Application preferred by the petitioner, wherein he had assailed the inquiry proceedings and the consequent punishment order of dismissal from service inflicted upon him. The charge sheet issued to the petitioner contained the following charge:

(2.) He has been found guilty of the said charge and, accordingly, dismissed from service.

(3.) The first submission of Mr. Raju is that the memorandum of charge had not been approved by the competent authority, namely the Prime Minister of India before its issuance. In this regard, he places reliance on the decision of the Supreme Court in B.V. Gopinath & Ors. v. Union of India & Ors., 2014 1 SCC 351. The Tribunal has dealt with this submission of the petitioner from paragraph 18 onwards of the impugned order. The Tribunal takes note of the fact that a comprehensive note was submitted for the approval of the Prime Minister. Paragraph 10 and 11 of the note prepared by the Desk Officer on 28.09.1989 mention the drafts of the sanction order for prosecution of the petitioner, and the charge sheet for initiation of departmental proceedings, and states that they are based on facts mentioned in the SP's report and that they appear to be in order. Paras 10 and 11 of the said note read as follows: