UNION OF INDIA Vs. RAJENDRAKUMAR H PATEL

JUDGEMENT

(1.) Heard learned Advocate Mr. Mukesh Patel for petitioners-Union of India and others and Ms. Nita C. Banker for respondent original petitioner.

(2.) In this petition, petitioners, Union of India and others have challenged order passed by Central Administrative Tribunal, Ahmedabad Bench dated 8-10-2003 in O.A. No. 553 of 1999 with M.A. No. 506 of 1999. Original petitioner-present respondent, being aggrieved by order of the disciplinary authority imposing penalty of removal from service and non-disposal of his representations dated 27-6-1996 and 27-8-1997 by appellate authority, preferred O.A. on 4-6-1998. It was registered on 20-8-1999. Thereafter, O.A. was amended in April, 2003 to challenge order of appellate authority dated 23-8- 1996 rejecting appeal of original petitioner-employee. Prayer was made for quashing order passed by disciplinary authority and appellate authority.

(3.) Case of the employee was that he was appointed as inquiry-cum-reservationclerk and training was given in computerized reservation. Then, he was transferred to Nadiad. He was charge-sheeted. After inquiry, Inquiry Officer found him guilty but recommended that his case may be considered sympathetically. However, disciplinary authority imposed penalty of removal from service. Departmental appeal was filed before appellate authority raising contention that principles of natural justice have been violated by respondents. Appellate authority directed fresh inquiry for limited purpose and appointed Inquiry Officer to examine passengers, then, to submit report. Appellate authority appointed Inquiry Officer to verify new facts alleged in appeal. Thereafter, newly appointed Inquiry Officer submitted report holding that the charges are not proved, however, appellate authority rejected his appeal.