S.S. LAMABA Vs. WILDLIFE INSTITUTE OF INDIA

JUDGEMENT

(1.) Heard Shri R.K. Raizada, the learned counsel assisted by Shri M.C. Pant, the learned counsel for the petitioner and Mrs. Anjali Bhargava, Standing Counsel (Union of India) for the respondents.

(2.) The petitioner was appointed as an Assistant Account Officer in the Ministry of Finance, Deptt. of Expenditure, New Delhi under the office of the Controller General of Accounts. By an order dated 5 th September, 2002, the petitioner was sent on deputation as Finance Officer in the Wildlife Institute of India at Dehradun. This Wildlife Institute of India is a registered society under the Societies Registration Act and the entire share holding of the institute is held by the Central Govt. and the affairs of the institute is regulated and controlled by the Central Govt. Consequently, the Wildlife Institute of India is an authority as specified under Article 12 of the Constitution of India.

(3.) While working on deputation, a preliminary inquiry was conducted by the respondents with regard to the administrative and financially irregularities committed by the petitioner. Based on the preliminary inquiry report submitted, the Central Govt., by an order dated 8 th August, 2003 directed the Director, Wildlife Institute of India to initiate a departmental inquiry against the petitioner. Based on the said direction issued by the Central 2 Govt., the Director, Wildlife Institute of India issued a chargesheet dated 19/12/2003 directing the petitioner to show cause as to why disciplinary proceedings under the Central Civil Services (Classification, Control and Appeal) Rules, 1965 should not be initiated. The petitioner submitted his reply denying the charges levelled against him. The disciplinary authority, i.e., the Director considered the reply and, thereafter, issued an order dated 16 th January, 2004 exonerating the petitioner from the charges framed against him. This order is an order purported to have been passed under Rule 14 of the CCS Rules, 1965.