K L PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in the petition is to order dated 7.8.1998 and 14.2.2003 passed by the Central Administrative Tribunal Jabalpur Bench, Jabalpur. By order dated 7.8.1998, the challenge to the punishment order dated 30.11.1995 whereby the petitioner was dismissed from service, on being found guilty of charges of misconduct, in the departmental enquiry, has been negatived. Whereas by order dated 14.2.2003 an application for review of the order dated 7.8.1998 has been rejected.

(2.) Facts briefly are that the petitioner while working as Sorting Assistant, Katni and having no authority to prepare High Value money order list, (hereinafter referred as HVMO) unauthorizedly obtained HVMO list prepared and managed to dispatch it alongwith the HVMO to Sihora. He was charge-sheeted for that on 24.5.1985. The departmental enquiry led into the charges resulted in order of dismissal on 29.8.1986. The said order was challenged vide original application: O.A. No. 594/1989. Because the petitioner was not afforded proper opportunity, the Tribunal set aside the order of punishment by order dated 11.12.1989 with a direction to hold de novo enquiry providing the opportunity to the petitioner to cross-examine one Shri R.K. Sharma, the prosecution witness.

(3.) The de novo enquiry held in pursuance to the Tribunal's order dated 11.12.1989 led to passing of an order of dismissal on 27.3.1991. This order was also set aside by the Tribunal by its order dated 10.9.1992 passed in O.A. No. 554/91, with a direction for continuance of enquiry from the stage of supply of enquiry report.