G PAPAIAH Vs. ASSISTANT DIRECTOR MEDICAL SERVICES SECUNDERABAD

JUDGEMENT

(1.) This application by the petitioner, a Chowkidar at Station Health Organisation, Golconda, under Art. 226 of the Constitution of India, is to quash the Order No. 4565/P/M-3 dated 3-8-1973 passed by the Assistant Director of Medical Services, Headquarters, Andhra (Indep) Sub-Area, Secunderabad, the respondent herein, withholding his increment for one year, on several grounds.

(2.) Mr. A. Lakshmanachar, the learned counsel for the petitioner, contends that the impugned order is not a speaking order and it is violative of principles of natural justice as his client was not supplied with a copy of the report of the Enquiry Officer and copies of some other material documents in spite of his requesting for the same. He further urges that charge No. 2 relating to the unauthorised absence of the petitioner from duty from 16th May to 25th May, 1973 is not sustainable in view of the fact that extraordinary leave has been granted by the concerned authority on 18-6-1973 itself and in any event, the first charge relating to misbehaviour of the petitioner on 16/05/1973 is in conflict with charge No. 2 and therefore, the impugned order must be quashed.

(3.) The claim of the petitioner is resisted by the learned Standing Counsel for the Central Government contending inter alia that a copy of the report of the Enquiry Officer need not be given to the petitioner, as the respondent has followed the procedure prescribed under Rule 15(3) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, and no second notice relating to the proposed punishment need be given. He states that the impugned order is not violative of principles of natural justice nor it is laconic and the respondent is empowered and also justified in passing the impugned order and there is no conflict between the two charges and the second charge also is maintainable as the granting of extraordinary leave for the period does not prevent the disciplinary authority from framing the charge No. 2 and passing the impugned order.