S. MOKKAPATI Vs. DIRECTOR GENERAL, INDIAN COUNCIL OF MEDICAL RESEARCH, V. RAMALINGASWAMY BHAWAN, ANSARI NAGAR, NEW DELHI

JUDGEMENT

(1.) Applicant has challenged memorandum dated 29.07.2011 (page 26) whereby charge sheet has been issued to the applicant and order dated 31.10.2011 (page 32) whereby Inquiry Officer Prof. R.N. Salhan was appointed to enquire into the charges framed against the applicant.

(2.) It is stated by the counsel for the applicant that applicant has challenged these orders on the ground that his leave was already sanctioned on 03.09.2010 (page 67) and he was given No Objection on 26.08.2010 (page 42). In his application, he had clearly mentioned that he wanted to go to Spain (page 38). He had already applied for leave on 10.09.2011 (page 47) which was signed by the Administrative Officer, therefore, the charge leveled against him is absolutely wrong and illegal.

(3.) Learned counsel for the applicant further submitted that the charge sheet was issued to the applicant on the last date when he was being given the farewell as he was due to retire on 31.07.2011 but 30th and 31st were Saturday and Sunday. The said date was 29th of July, 2011. The charge sheet was only to harass the applicant with ulterior motive, even though no financial loss was caused to the department. The charge sheet could not have been issued on the last date when applicant was due to retire. Counsel for the applicant has placed reliance on the judgment in the case of Bhagirathi Jena Vs. Board of Directors, O.S.F.C. and Others reported in 1999 (3) SCC 666.