S.K. AGARWAL Vs. THE UNION OF INDIA

JUDGEMENT

(1.) THE applicant has filed this OA for quashing of the memorandum of charge -sheet dated 18.03.2008 [Annexure -A/3] by which departmental proceeding has been initiated against him for gross misconduct, such as acceptance of illegal gratification for a sum of Rs. One lac from one Niranjan Sahu, Managing Partner, M/s. Om Security and Services, Bhubaneswar for regularizing the contract for providing security personnel at different BSNL/Non -BSNL BTS sites and also for extension of contract. The applicant has also prayed for quashing of letter dated 26.12.2012 [Annexure -A/1] by which order dated 11.10.2012 was communicated, wherein the Department of Telecommunication, Govt. of India informed the applicant that his review petition has been rejected by the President. The applicant has further challenged the order dated 28.05.2012 [Annexure -A/2] by which the Disciplinary Authority had rejected stay of departmental proceeding.

(2.) THE case of the applicant runs in a very short compass :

(3.) THE other respondents contested the case by filing a separate written statement. According to these respondents, the applicant being a responsible officer of the Department, while acting as General Manager in the Office of CGMT, BSNL, Orissa Telecom Circle, Bhubaneshwar was found accepting bribe and was caught red handed by the CBI trap party and as the demand and acceptance of bribe amounted to grave misconduct, the applicant was proceeded under Rule 14 of CCS [CCA] Rules, 1965 besides initiation of a criminal case by CBI. The respondents further pleaded that since the acquittal was not on merit and was not an honorable acquittal, the Department was empowered to investigate and proceed with the departmental proceeding and to find out the misconduct of the delinquent employee.