A M CHAUHAN Vs. GOVERNMENT OF GUJARAT

JUDGEMENT

(1.) THIS petition preferred under Articles 226 and 227 of the Constitution of India arises from the judgment and order dated 28th February, 2003 passed by the Central Administrative Tribunal, Ahmedabad Bench (hereinafter referred as "the Tribunal") in Original Application No. 97 of 1998.

(2.) THE petitioner was at the relevant time an IPS Officer of Gujarat Cadre. On 4th July, 1994 he was served with the memorandum of charge in respect of certain acts of misconduct allegedly committed by the petitioner during the years 1987 and 1988 while he was posted as District Superintendent of Police, Junagadh. In Original Application No. 97 of 1998, the petitioner challenged the above referred inquiry initiated against him on various grounds. According to the petitioner, initiation of disciplinary proceedings in the year 1994 in respect of the acts of commission and omission allegedly committed as far back as in the years 1987 and 1988 was grossly belated. The petitioner also challenged inquiry on the grounds of violation of principles of natural justice, mala fide etc.

(3.) THE Tribunal by its judgment and order dated 28th February, 2003 rejected the application. The Tribunal held that the delay in initiating inquiry was adequately explained. The allegation of mala fide did not find favour with the Tribunal. As to the principles of natural justice, the Tribunal directed that "the respondents to proceed with the inquiry on the basis of the charge-sheet dated 4. 7. 94 after supplying relevant documents as per rules as also fully satisfying themselves that while doing so the principles of natural justice are strictly followed. We also direct that the inquiry shall be completed/finalised and necessary order passed within a period of 4 months from the date of receipt of a copy of the order. ". Feeling aggrieved, the petitioner has preferred the present petition.