UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL LKO.

JUDGEMENT

(1.) Heard Sri Ajit Kumar Dwivedi, the learned counsel for the petitioners-Union of India and its Officers and Sri Praveen Kumar the learned counsel for the opposite parties.

(2.) By means of this writ petition filed under Article 226 of the Constitution of India, the petitioners have sought quashing of the judgment and order dtd. 8/5/2024 passed by the Central Administrative Tribunal, Lucknow Bench, Lucknow allowing Original Application No. 332/00365 of 2023 filed by the opposite party no. 2 - Akash Goyal.

(3.) Briefly stated, facts of the case are that while the opposite party no. 2 was working as an Assistant in the office of the Geological Survey of India, Western Region, Jaipur, a lady co-worker filed a complaint against him. The complaint was referred to the Internal Complaints Committee, which held a detailed enquiry and submitted a report dtd. 21/11/2022. The Director (G) & HOD and Disciplinary Authority, G.S.I., Western Region, Jaipur issued an Office Memorandum dtd. 14/2/2023 stating that a disciplinary action was proposed against the opposite party no. 2 under Rule 16 of CCS (CCA) Rules, 1965. The statement of the imputation of misconduct was enclosed with the memorandum and the opposite party no. 2 was given an opportunity to make a representation against the proposal. The statement of the imputations of misconduct levelled the following two charges :