UNION OF INDIA Vs. RAJEEV PATHAK

JUDGEMENT

(1.) THE proceedings initiated against Rajeev Pathak, a Sub-Inspector in Central Bureau of Narcotics and posted in the office of the Narcotics Commissioner, Gwalior, culminated in the imposition upon him the penalty of dismissal under Rule 11 (ix) of the CCS (CCAJ Rules, 1984 as amended holding that he had acted in a manner unbecoming of a Government servant contravening the provisions of Rules 3 (1) (ii) and (iii) of CCS (Conduct) Rules, 1964 by absenting from duty for the last several years since 1989 vide the order dated 28-7-1993. This order was challenged by Rajeev Pathak before the Central Administrative Tribunal by means of O. A. No. 266 of 1997.

(2.) THE Tribunal while condoning the delay in filing the application held that the order of dismissal passed by the Disciplinary Authority proceeding ex parte in the departmental proceedings was void ab initio and could not be given effect to. The Narcotics Commissioner was directed to permit Rajeev Pathak to join the last place of his posting within fifteen days from the date of receipt of the copy of the order passed by the Tribunal but it was left open to the respondent- authorities to proceed with the Disciplinary proceedings from the stage immediately after the issue of the charge-sheet to Rajeev Pathak providing that for the period of absence from the date Rajeev Pathak had proceeded on casual leave till he joined. The authority shall be at liberty to treat that as 'dies non' without any pay allowances. It was also observed that if Rajeev Pathak wished to cover some of the said period through leave at his credit including half pay leave, if any, in that event for such period, he would be allowed pay and allowances accordingly and such period shall also be counted as qualifying services as per rules.

(3.) FEELING aggrieved by the impugned order passed by the Tribunal Rajeev Patrick, the dismissed Sub-Inspector, as well as the authority, im-pleaded as the respondent, have challenged the same by means of separate writ petitions. The Union of India and others have filed Writ Petition No. 1105/2000 challenging the said order, passed by the Tribunal while Rajeev Pathak has filed Writ Petition No. 1294 of 2000 challenging the same impugned order.