K B BABU Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner did not succeed in assailing the order of dismissal from service before the Central Administrative Tribunal, Ernakulam Bench. The Tribunal dismissed his original application as per Ext.P10. Therefore, this Writ Petition.

(2.) The prime contention raised by the petitioner is based on the decision of the Apex Court reported in G.M. Tank v. State of Gujarat and Ors. . Relying on this decision, it is contended that for exactly the same charges framed in the disciplinary proceedings, he had been prosecuted in C.C.No.352/99 on the file of the Judicial Magistrate of the First Class, Ernakulam and he was acquitted. The evidence adduced in both the proceedings is exactly the same. Therefore, as the charges and evidence forming part in both the cases are one and the same, the finding by the criminal court ought to have been accepted and the finding of misconduct and consequential dismissal order were to be vacated.

(3.) It is further submitted that there was flagrant violation of Rule 14(18) of the Central Civil Services (Classification, Control and Appeals) Rules, 1965 insofar as before finalisation of the inquiry proceedings, the Inquiry authority did not examine as to the circumstances appearing against him in the inquiry. A mere asking whether there was satisfaction with the inquiry was not sufficient. In support of this contention, the decision reported in Dena Bank and Ors. v. Shakuntala Madhavan ILR 1999 (1) Kerala 396 is relied on.