UNION OF INDIA Vs. NO. 5450016 DHARAMVIR SINGH

JUDGEMENT

(1.) The petition under Article 226 of the Constitution is directed against an order of March 15, 2019 passed by the Guwahati Bench of the Central Administrative Tribunal on the respondent's petition before it. The respondent had challenged a punishment order of removal from service handed down to him by communication of March 25, 2016. The final order in the disciplinary proceedings also found that the period during which the respondent was absent would be treated as unauthorised absence from duty and the salary and emoluments paid would be recovered.

(2.) By the order of March 15, 2019, the Tribunal held "that though a semblance of disciplinary proceedings was attempted .. but no proper inquiry was actually conducted." According to the Tribunal, the respondent herein was not given any opportunity to defend himself nor furnished the record of pleadings on which the charge was founded. In such circumstances, the operative part of the order, found at paragraph 12 thereof, recorded as follows:

(3.) Ordinarily, when an order of punishment passed on the culmination of any disciplinary proceedings is challenged, there are, primarily, three avenues open to the forum looking into the validity of the action or the punishment awarded: the challenge may be repelled; or, the punishment may be undone or reduced; or, the proceedings may be quashed in full or in part, with or without liberty to start afresh or from a specified stage.