UNION OF INDIA Vs. V.T.K.NAYANAR

JUDGEMENT

(1.) The original petition has been filed by the Union of India and its officials challenging the order passed by the Central Administrative Tribunal in O.A.No.1078 of 2016.

(2.) The original application has been filed by the respondent herein challenging the disciplinary action initiated against him on certain charges. The contention urged by the applicant was that the charge memo had been issued with mala fide intention in order to victimize him without any basis, just three days prior to his retirement. The Tribunal having considered the entire matter found that there is clear case of procedural violation especially the mandate of Clause (9) of the guidelines as referred to in the judgment of the Apex Court in Union of India v. B.V.Gopinath (2014) 1 SCC 351 . Accordingly the memo of charges and further proceedings had been quashed and set aside. Direction has also been issued to pay all consequential benefits to the applicant, except the claim of interest.

(3.) The learned ASG appearing on behalf of the original petitioners contended that when a disciplinary action is taken against a delinquent officer, necessarily the court or Tribunal should permit the appropriate authority to complete the proceedings. At a stage when memo of charges had been issued, the Tribunal was not justified in interfering with the same and to have declared it as non est . It is submitted that several charges were levelled against the delinquent officer and all these charges were required to be enquired by a competent authority. Therefore, an opportunity ought to be granted to the disciplinary authority to complete the disciplinary proceedings rather than setting aside the proceedings initiated against the delinquent officer.