THE COMPTROLLER AND AUDITOR GENERAL OF INDIA, GOVERNMENT OF INDIA AND OTHERS Vs. K. SURESHKUMAR AND OTHERS

JUDGEMENT

(1.) The issues involved in all these cases are closely interlinked with each other and hence we are dealing with the same together.

(2.) O.P.(CAT) Nos.3698, 3645, 3652, 3745, 3689, 3746 and 3805 of 2011 arise from a common verdict passed by the Tribunal on 02.9.2011 in O.A. No. 592/2010 and connected cases, whereas O.P.(CAT) No. 3648/2011 is connected with O.P. (CAT) No. 3544/2011. O.P.(CAT) No. 3651/2011 is an independent case, though it involves a similar question.

(3.) The crux of the matter relates to the disciplinary action taken by the department for some delinquency shown by the employees involving violation of Rule 7(i) and 3(1)(iii) of the CCS (Conduct) Rules, 1964. The issue was with regard to participation in a demonstration held on different dates in the office premises, allegedly during the office hours. Based on the materials collected, the competent authority found the delinquent employee guilty of the misconduct and it was accordingly, that a minor penalty was imposed. This was sought to be challenged by filing the O.A. raising several grounds; both legal as well as factual. The Tribunal, as per Ext.P3 order, held that the applicant had admitted his participation in the demonstration on various dates as referred to in the charge sheet. However, it was observed in paragraph 7 that there was no specific allegation in the charge memo that the demonstration was held during the office hours. The Tribunal further observed that in some cases, there was specific allegation of having participated in the demonstration during the office hours and hence the finding of the departmental authority was sustained and orders were passed accordingly. But, in the instant case, since no such specific allegation was there, according to the Tribunal, the finding of the authority was not liable to be sustained. It was accordingly, that the impugned orders were set aside and O.As were allowed.