VIRENDRA KUMAR SINGH Vs. CHAIRMAN, GOVERNING COUNCIL, ARYABHATTA RESEARCH INSTITUTE OF OBSERVATIONAL SCIENCE (ARIES)

JUDGEMENT

(1.) The petitioner before this Court is an Upper Division Clerk working with the Aryabhatta Research Institute of Observational Sciences (from hereinafter referred to as "ARIES"), which is situated at Manora Peak in Nainital. It is preliminary an observatory where research work is being done.

(2.) The petitioner is an Upper Division Clerk in this autonomous body which is under the control of Government of India. He has filed this writ petition with the prayer to quash the order dated 23.03.2009, passed by the respondent no. 2 (Director, ARIES) as well as the order dated 22.03.2014, passed by the appellate authority/respondent no. 1 (Chairman, Governing Council of ARIES), whereby the punishment of reducing him to a lower post i.e. Lower Division Clerk from that of Upper Division Clerk has been upheld. This is a major penalty and, therefore, it necessarily requires a proper departmental proceeding where charges against the petitioner were to be inquired into.

(3.) A charge-sheet was given to the petitioner on 07.11.2006 and petitioner was placed under suspension. There were two charges against the petitioner, which are as follows:-