JAI RAM PRAJAPATI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner Jai Ram Prajapatl is Junior Telecom Officer in the Telecom Department which is a class III post. It is proposed to hold an enquiry against the petitioner under Rule 14 of the Central Civil Services (Classification. Control and Appeal) Rules, 1965. The statement of articles of charges framed against the petitioner is Annexure-1 to the Memorandum dated 16/19.7.1999, a copy of which is Annexure-5 to the writ petition. The petitioner has challenged the propriety, correctness and validity of the statement of articles of charges and the memorandum, aforesaid, and has prayed that they may be quashed and the respondents be commanded not to adopt any coercive action against the petitioner on the ground that the petitioner has been finally acquitted in the Criminal Trial Case No. 2212 of 1997, under Sections 419/420/409, I.P.C. and Sections 21. 25 and 27 of the Indian Telegraph Act, as per order dated 22.10.1998, passed by the Chief Judicial Magistrate. Azamgarh.

(2.) Learned counsel for the parties agreed that since the writ petition can be disposed of on legal matrix only, it may be heard and decided on merits at this stage. Learned standing counsel appearing on behalf of the respondents stated that he shall not file counter-affidavit.

(3.) Heard Sri D. R. S. Chauhan, learned counsel for the petitioner and Sri Anoop Kumar Srivastava, learned standing counsel, appearing for respondents.