J K PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner herein has challenged the order of dismissal passed by the disciplinary authority, confirmed thereafter by the appellate authority and also by the Central Administrative Tribunal, Ahmedabad dated 3rd August 2011 in Original Application No. 161 of 2010 in the following factual background.

(2.) THE petitioner was working as Superintendent in the Customs and Excise Department. A trap was laid by the Central Bureau of Investigation alleging acceptance of the bribe of Rs. 1,500/= from the proprietor of a company. After following the due procedure, a report was laid by the CBI. Chargesheet came to be issued on 28th September 2001. His departmental inquiry came to be concluded and the report of the Inquiry Officer was submitted on 6th May 2004 where all the charges made against the petitioner were held proved. On availing due opportunity of hearing to the petitioner, the disciplinary authority on 29th March 2006 imposed penalty of dismissal from service.

(3.) AGGRIEVED by such order, the petitioner had challenged the same before the appellate authority which came to be dismissed on 4th March 2010. The petitioner challenged such order on the ground that the proceedings of the departmental inquiry and that of the criminal proceedings continued simultaneously, although there were serious questions of facts and law involved. An application, according to the petitioner, was given in relation to this parallel proceedings, however, the same never came to be forwarded by the Inquiry Officer. Belated completion of inquiry proceedings was also one of the grounds raised by the petitioner. Challenge is also made on the ground of penalty of dismissal being grossly disproportionate to the charges proved.