M SEZHIAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The charge memo, dated 17.04.2015 issued against the writ petitioner is under challenge in this writ petition.

(2.) The learned counsel for the writ petitioner made a submission that the writ petitioner was working as Manager (Catering) and was placed under suspension on initiation of disciplinary proceedings. The writ petitioner was suspended on 203.2013. He submitted his explanation / objections with reference to the allegations set out against him. Considering the same, the order of suspension was revoked and he was re-instated in service on 21.01.2014. On 009.2014, an enquiry officer was appointed to conduct the enquiry. At this point of time, the impugned charge memo was issued by the respondent in proceedings dated 17.04.2015. The charges against the writ petitioner are extracted hereunder :-

(3.) The learned counsel for the petitioner mainly on the ground that the rules cited in the impugned charge memo was not published in the Government Gazette and therefore, the said rules cannot be a source for issuing the impugned charge memo. In other words, when the rule is not notified and not in force, the very issuance of the charge memo under the said rule is void and accordingly, the impugned is liable to be scrapped.