UNION OF INDIA Vs. RAMESHCHANDRA CHIMANLAL SHAH

JUDGEMENT

(1.) WE have heard Ms.Archana U.Amin, learned advocate appearing for the petitioners and Mr.Biren A.Vaishnav, learned advocate appearing for the respondent.

(2.) THIS writ petition has been filed challenging the order dated 26.02.2007 passed by Central Administrative Tribunal (for short the 'CAT") in O.A.No. 423 of 2006, by which, the Tribunal has allowed the O.A. and quashed the charge-sheet and the respondent was awarded consequential benefits along with costs.

(3.) LEARNED counsel for the petitioners has urged that the enquiry could not been completed for the reason that the enquiry Officers were being transferred and the new appointments of the equiry officer took some time. The Tribunal in paragraph Nos.14 and 15 has recorded a finding that the charge-sheet prepared was not in the standard form prescribed under CCS (CCA) Rules. The charge-sheet was issued after four years and the only reason for delay was that the petitioner was taking legal advice. Even after issuance of the charge-sheet, effective action was not taken by the petitioners nor representation of the respondent made in 2002 was examined, and therefore, on the ground of delay, the charge- sheet was quashed. Para 14 and 15 of the order of the Tribunal is reproduced below :-