N.M. RAICHURA Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE two OAs, No. 53/2011 and 321/2012, were heard together on 13.02.2014 at the request of the learned counsels appearing on behalf of the applicants and the respondents who were of the view that the common issue involved in both cases was whether the disciplinary authority (DA) was not empowered under the rules to seek advice of Central Vigilance Commission (CVC) in a disciplinary matter. In OA -53/2011 this Tribunal had passed following order on 25.02.2011:

(2.) ACCORDINGLY the learned counsels from both the sides restricted their submissions only on this issue.

(3.) DURING the pendency of this case the respondents passed an order on 02.08.2011 imposing the penalty of dismissal from service on the applicant. Following that the applicant moved an MA no.265/2011 to amend the OA which was allowed by this Tribunal on 6.9.2011. The prayer made in the OA as it stands after this amendment is as follows: