PREM PRAKASH AMBEDKAR Vs. DIRECTOR, RMRC (ICMR), JABALPUR

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order dated 19.9.2003 passed by Central Administrative Tribunal, Jabalpur Bench, Jabalpur; whereby, by common order Transferred Application Nos. 14/2000 and 3/2002 were dismissed. Transferred Application No. 14/2000 was directed against the order dated 13.2.1992 and 26.5.1993 whereby the petitioner was placed under suspension and his subsistence allowance was stopped; whereas vide T.A. No. 3/2002 petitioner challenged the order dated 30.9.1993; whereby service of the petitioner was dismissed.

(2.) Relevant facts briefly are that, the petitioner after being medically boarded out from the rank of Naib Subedar, Indian Army was reappointed as upper Division Clerk in Regional Medical Research Centre for Tribals, a Unit of Indian Council for Medical Research. On 13.2.1992 in contemplation of a departmental enquiry the petitioner was placed under suspension. While under suspension, a complaint was received that the petitioner with under suspension has been engaged in business of flour mill in the name of Prakash Flour Mill, Ranjhi and was submitting wrong certificate of his non-employment or non-engagement in any business. The same resulted in passing of order dated 26.5.1993; whereby, the subsistence allowance paid to the petitioner was stopped forth-with. Thereafter, the petitioner was served with a charge-sheet dated 27.5.1993 whereby two charges were leveled against him; viz., (i) that, being legally bound under service Rules not to engage in trade or business, unlawfully, without permission engaged himself in the business of flour mills; and (ii) after his suspension willfully furnished false certificate that he is not engaged in any trade/business/profession, while he was in fact, engaged in the above business of flour mills. The said conduct was alleged to be in violation of Rules 3 and 15 (1) (a) of Central Civil Services (Conduct) Rules, 1964.

(3.) Departmental enquiry was conducted into the charge leveled against the petitioner which culminated in an order dated 30.9.1993; whereby, petitioner was ordered to be dismissed from service. There against the petitioner preferred an appeal which was decided on 31.3.1994 and the punishment of dismissal was modified to that of removal from service. Being aggrieved by the orders of suspension, stoppage of subsistence allowance and removal from service petitioner preferred writ petition before this Court vide W.P. No. 2253/1993 and 809/1994 which were transferred to the Tribunal and were re-registered as T.A. No. 14/2000 and T.A. No. 3/2002 and were decided by composite order dated 19th September 2003; whereby, both the petitions preferred by the petitioner were dismissed. Being aggrieved petitioner has filed this petition challenging the composite order passed by the Tribunal.