KISHORE RAO D Vs. UNION OF INDIA

JUDGEMENT

(1.) WE have heard Mr. Mukul Sinha, leaned counsel for the petitioner and Mr. Mrugen Vaishnav, learned counsel appearing for the respondents.

(2.) THE petitioner worked as Deputy Chairman, Vishakhapattanam Port Trust (For Short "VPT")during the period from 15th May, 1991 to 7th May, 1993. For a brief period from 15th My, 1992 to 5th November, 1992, he was incharge Chairman of VPT and was exercising all the powers of Chairman as per Major Ports Act, 1963. A charge-sheet was given to him on 6th January, 2000 and he was asked to submit his reply within 10 days and in case the petitioner did not submit the written statement before the specified period, then, necessary orders would be passed under Rule 8 of AIS(D and A) Rules, 1969. It is necessary to extract Article of charge-sheet framed against the petitioner which reads as under:

(3.) FROM the facts stated above, we are of the opinion that the Tribunal was right in coming to the conclusion that there was no inordinate delay in issuing the charge-sheet as after the inquiry report was submitted by CBI, necessary action was taken by the respondent though it took some time. Further, from the order of the Tribunal, we find that the Tribunal has permitted the petitioner to challenge the inquiry report in appropriate forum and delay in filing the charge-sheet was not inordinate delay and case of the petitioner would not be covered by the principles laid down by the Apex Court in the decisions cited by the learned counsel for the petitioner.