RAJESHWAR RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) Assailing the order dated 19.10.2005 passed by the Central Administrative Tribunal, Jabalpur Bench, Circuit sitting at Indore (hereinafter referred to as 'the Tribunal') in Original Application No. 755/2004 upholding the order of dismissal of petitioner, this petition under Articles 226 and 227 of the Constitution of India has been filed by the employee praying to quash the order of Tribunal and to quash the order of dismissal passed by the appellate authority as well as the disciplinary authority. The petitioner was serving on the post of Fatigueman. A departmental enquiry was conducted against him in which he did not remain present as a result of which an ex-parte order of dismissal was passed against him on 5.4.1995 (Annexure P/3). However, later on a departmental appeal was filed by the delinquent which was allowed and the matter was sent back to the disciplinary authority/enquiry officer to hold a de novo enquiry after providing opportunity of hearing to the employee. Resultantly, the petitioner appeared in the departmental enquiry.

(2.) The disciplinary authority on 3.9.1998 (Annexure P/8) found that another charges are required to be framed, eventually another charge sheet framing two additional charges were framed on 3.9.1998. Those additional charges are as under:-

(3.) Earlier two charges were framed against the petitioner which are reproduced as under:-