UNION OF INDIA Vs. AK GUPTA

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India has been filed challenging the judgment and order passed in O.A. No.165/1995 dated 29.10.2001 by the Central Administrative Tribunal, Ahmedabad (for short, ?the C.A.T.?) as also the order passed in Review Application No.01/2002 dated 12.02.2002.

(2.) THE facts in brief are that while the respondent herein was holding the post of Scientific Assistant 'C' in the petitioner-Department, he was served with a show cause Notice dated 04.06.1991 on the ground that he had engaged himself in other gainful employment by impersonating himself and thereby, committed breach of the relevant Rules. THE respondent submitted his reply dated 04.06.1991 to the said Notice wherein, he admitted his guilt. However, on the very next day, he submitted an explanation denying the charges levelled against him.

(3.) IN our opinion, the disciplinary authority ought to have considered the explanation dated 05.06.1991 submitted by the petitioner before passing the impugned order of reversion to the lower post. The C.A.T has rightly quashed the orders passed by the disciplinary as well as the appellate authority since the same were passed without any application of mind. We are in complete agreement with the reasonings given by C.A.T in its order and hence, find no reasons to entertain this petition.