LAWS(APH)-2001-3-148

GENERAL MANAGER ORDNANCE FACTORY Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

Decided On March 08, 2001
PROJECT YEDDUMAILARAM Appellant
V/S
CENTRAL ADMINISTRATIVE TRIBUNAL, HYDERABAD Respondents

JUDGEMENT

(1.) is writ petition is directed against an order dated 7-4-1999 passed by the Central Administrative Tribunal, Hyderabad in O.A.No. 664 of 1998 whereby and whereunder the writ petition filed by the unofficial respondent No. 2 herein was disposed of directing:

(2.) The basic fact of the matter is not in dispute. The applicant was appointed as a driver in the ordnance factory project. He was charge-sheeted on the ground that he has been carrying on loose bundle of cotton swap in his tiffin bag on 8-4-1983. When he was asked to explain, he allegedly stated that he had been carrying the same to prevent jerks which may spoil his food and further stated that he had to frequently visit his agricultural land and he required the same for cleaning hands. However, in the enquiry he categorically stated that he had not declared the same by mistake which was absolutely necessary having regard to the fact that he was holding a responsible post in an ordnance factory in the Ministry of Defence. According to the petitioner such declaration was not made having regard to the fact that it was not a matter of much importance.

(3.) A disciplinary proceeding against the delinquent was initiated wherein he was found guilty. The disciplinary authority passed an order of dismissal from service and an appeal preferred thereagainst by the respondent herein before the appellate authority was dismissed whereafter an original application was filed before the learned Tribunal which was marked as O.A.No. 579 of 1995. By an order dated 7-1-1998 the appropriate authority was directed by the Tribunal to pass necessary orders on the appeal preferred by the applicant but the appeal was not disposed of within a reasonable time. In the said order it was observed: