SHRI R. K. GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Does Rule 29 of the Central Civil Service (Classification, Control and Appeal) Rules 1965 (hereinafter to be called the 1965 Rules) permit the President of India to review his earlier order exonerating a Government employee and what are the exact limitations for the exercise of power under the said rule are the main questions that call for determination in these two writ petitions namely-C. W. 196/78 and 322/79, which will be disposed of together by this order.

(2.) These petitions mainly challenge the impugned order dated 15-2-1975 passed by the President of India giving a notice to the petitioner to show-cause as to why penalty of dismissal from service be not imposed on him by seeking to review the order earlier passed ' by the President on 4-9-1913, by which the charges against the petitioner had been dropped. The petitions also challenge the subsequent order passed by the president dismissing the petitioner from service.

(3.) In consequence of the above order of the President the entire period of suspension from 1969-73 was treated as a period spent on duty for all purposes and full pay and allowances for the same were given to the petitioner who was reinstated and was working in the department when the impugned memorandum dated 15-2-1975 was served on the petitioner informing him that the President had undertaken a review of his earlier order of 4-9-1973 and proposed the imposing of penalty of dismissal from the service on the petitioner, and giving the petitioner opportunity for making representation. The relevant extract from the memorandum of 15-2-1975 is as under: