UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) HEARD the learned counsels appearing for the parties. Even though the matter was listed for considering the question of vacating the stay order, since the very same question is involved for deciding the writ petition, on consent of the counsels appearing, the writ petition itself is taken up for disposal.

(2.) THE present writ petition has been filed by the Union of India and its Subordinate Officers against the order of the Central Administrative Tribunal dated 22. 10. 2003 in O. A. No. 287 of 2003.

(3.) THE present Respondent No. 2 filed O. A. No. 287 of 2003 before the Central Administrative Tribunal challenging the order of punishment imposed in a departmental proceeding. The departmental proceeding was initiated on the allegation that the present Respondent No. 2 while functioning as a Radiographer in Heavy Vehicles Factory Hospital at Avadi, committed acts of misconduct by disobeying the orders of the superiors and there was lack of devotion to duty. The allegation was to the effect that on 25. 5. 2001, out of two Radiographers, the present Respondent No. 2 alone was on duty as the other Radiographer was on leave. It is alleged that the Doctor in charge of the Operation Theatre had sent words to Respondent No. 2 to stay in the X-Ray Department for post-operative check X-Ray and such intimation was sent through one Smt. Jhansi Rani and yet the Respondent No. 2 remained absent. Respondent No. 2 had denied the charges and had stated that he was being persecuted because of inimical relationship between himself and the Doctor.