UNION OF INDIA Vs. N AZHAGUPANDIAN

JUDGEMENT

(1.) AGGRIEVED by the order of the Central Administrative Tribunal, Madras Bench dated 19/3/2004 made in O. A. No. 442 of 2003, Postal Department has preferred the above writ petition.

(2.) HEARD the learned counsel for the petitioners.

(3.) IN the light of the order to be passed hereunder, there is no need to refer all the factual matrix as stated in the affidavit. A perusal of the impugned order of the Tribunal makes it clear that without affording opportunity to the applicant for being heard and conducting full-fledged enquiry, the disciplinary authority has inflicted the punishment, which was affirmed by the appellate and revisional authorities. We have gone through the charges leveled against the delinquent as well as the detailed reply submitted by him repudiating all the charges leveled against him. In such a circumstance, as rightly observed by the Tribunal and in view of Rule 16 of Central Civil Services Classification Control and Appeal Rules, it is but proper to conduct an enquiry and establish the charges by affording adequate opportunity to the person concerned. Since such recourse has not been followed, the Tribunal intervened and set aside the ultimate order and also permitted the Department to proceed afresh in the matter if considered necessary in accordance with law by following the prescribed procedure. On going through the above said materials, we are in agreement with the said conclusion and we do not find any valid ground for interference. Hence, the writ petition fails and the same is dismissed. Consequently, connected WPMP. , is also dismissed.