A.G. RANADE Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a second round of litigation before this Tribunal challenging the impugned order dated 8.5.2008 (Annexure A -1) passed by the respondent No. 2 as the Appellate Authority thereby confirming the penalty of removal of the applicant from service imposed by respondent No. 3, the Disciplinary Authority vide order dated 19.11.2007 (Annexure A -2) and the subsequent order dated 23.6.2009 passed by the Revisional Authority during the pendency of this proceeding, confirming the order passed by the Appellate Authority. The applicant was appointed as Lower Division Clerk at Kendriya Vidyalaya, Ajni, Nagpur. On 25.7.2005 a Memorandum of Charge (Annexure A -3) was served on the applicant, initiating departmental proceeding against him on the ground that he allegedly demanded and accepted gratification of Rs. 100/ - from one Shri P.G. Joge, TGT, Kendriya Vidyalaya, Ajni, Nagpur for not initiating any action against him on the report lodged by the guardian of one student and that he was caught red handed while accepting the bribe amount on 11.1.1996 and suffered police custody till 18.1.1996. Thus, gross misconduct and violation of Rule 3(1)(i) and (iii) of the Central Civil Services (Conduct) Rules, 1964 is alleged. Pursuant to the charge -sheet, inquiry was held by appointing Inquiry Officer, who reported that both the charges levelled against the applicant stand proved vide Report dated 20.8.2007 (Annexure A -6). The applicant submitted representation dated 17.9.2007 (Annexure A -7) against the finding recorded by the Inquiry Officer, however, the same did not find favour with the respondent No. 3 who held him guilty of misconduct and imposed major penalty of removal from service vide impugned order (Annexure A -2). The applicant unsuccessfully challenged this order before the respondent No. 2 by way of appeal dated 10.12.2007 (Annexure A -8). Since the same was not decided inspite of reminder dated 25.02.2008 (Annexure A -9) the applicant approached this Tribunal by filing previous O.A. No. 2057/2008, which was disposed of by order dated 28.3.2008 (Annexure A -10), directing the respondent No. 2 to decide the appeal as expeditiously as possible and preferably within a period of three months from the date of receipt of copy of the order.

(2.) PURSUANT to it the respondent No. 2 passed the impugned order (Annexure A -1) rejecting the appeal and confirming the penalty of removal imposed by the Disciplinary Authority. Although the applicant then preferred the Review Application dated 2.7.2008 (Annexure A -11) to the Commissioner, Kendriya Vidyalaya Sangathan, New Delhi, he filed the present O.A. on 2.7.2008 without waiting for any decision on it by the said authority and during its pendency the said Revision Application/Review Petition came to be dismissed on 23.6.2009.

(3.) THE respondents resisted the application by way of common reply dated 15.7.2009 denying all the adverse allegations and averments made therein including the grounds raised by the applicant. According to them inquiry was conducted properly by following the rules and on the basis of material collected during the inquiry both the charges levelled against the applicant were found to be proved and since demand and acceptance of bribe is a serious misconduct and offence resulting in lowering the prestige of Kendriya Vidyalaya, the penalty of removal was justified. It is also contended that although the criminal prosecution was pending when the departmental inquiry was initiated, there was no haste to proceed with it and penalty was imposed only on proof of charges levelled against the applicant in the departmental proceedings. None of the grounds raised by the applicant are sufficient to quash and set aside the impugned orders passed by the three authorities and hence the application is liable to be dismissed.