UNION OF INDIA Vs. RAVINDRA NATH TRIPATHI

JUDGEMENT

(1.) This petition has been filed for setting-aside the order dated 31st January, 2006 passed by the learned Central Administrative Tribunal in Original Application No. 821 of 2005. The said Original Application had been filed by respondent No. 1 Sri Ravindra Nath Tripathi for quashing the charge sheet dated 17th June, 2005 issued to him by the petitioner. A preliminary objection was raised on behalf of the petitioners by means of an affidavit that the Original Application which had been filed for quashing the charge sheet was not maintainable. The said preliminary objection was rejected by the impugned order and it was further ordered that till the disposal of the case further proceedings by the Enquiry Officer shall remain stayed. The matter was directed to be listed on 10th March, 2006 and the respondents were directed to file counter affidavit within four weeks failing which their rights to file the same would be forfeited.

(2.) Sri Amit Sthalekar, learned counsel for the petitioners submitted that the Original Application filed before the Tribunal itself was not maintainable in view of the decisions of the Supreme Court in Union of India and Anr. v. Ashok Kacker 1995 Supp (1) SCC 180 and Secretary to Government, Prohibition & Excise Department v. L. Srinivasan 1996 II AD(SC) 433 , [1996 (73) FLR1247 ], JT1996 (3) SC 202 , (1996) II LLJ245 SC , (1996) 2 MLJ54 (SC) , 1996 (2) SCALE411 , (1996) 3 SCC157 , [1996 ]2 SCR737 , (1996) 3 UPLBEC1918 . He, therefore, submitted that the Tribunal was not justified in passing the interim order and that in any view of the matter the Tribunal should not have stayed the enquiry proceedings.

(3.) Sri C.L. Pandey, learned counsel appearing for the respondent No. 1, however, submitted that the Tribunal was justified in passing the interim order in the facts and circumstances of this case particularly when the disciplinary proceedings had been initiated at a belated stage and that the petitioner should file a counter affidavit so that the matter can be finally heard by the Tribunal.