BALWANT RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Aggrieved by the order dtd. 6/8/2013 passed by the Central Administrative Tribunal, Jabalpur in dismissing the Original Application No.681 of 2009, the applicant therein has filed the present petition.

(2.) The case of the petitioner is that when he was working as an Administrative Officer, he was issued a charge sheet dtd. 22/12/1995. The same was challenged by filing Original Application No.449 of 1996 before the Central Administrative Tribunal, Jabalpur, which was disposed off vide order dtd. 19/2/2002. The writ petition filed against the said order in W.P. No.477 of 2003 was disposed off vide order dtd. 24/1/2003 with the liberty to the writ petitioner to seek review of the order of the Tribunal. Thereafter, Review Application No.2 of 2003 and Original Application No.449 of 1996 were allowed by the Tribunal vide order dtd. 28/3/2003. The disciplinary proceedings against the petitioner were quashed with a liberty to the respondents to proceed from the stage of the charge sheet. The said order was upheld in W.P. No.1958 of 2003 filed by the respondents-Union of India. Thereafter, a charge sheet was issued on 2/6/2006, namely, three years after the order was passed by the Tribunal. The said order was questioned before the Tribunal. Thereafter, orders were issued appointing the Inquiring Officer as well as the Presenting Officer for convening the departmental enquiry. The said order was sought to be challenged by filing the instant O.A. No.681 of 2019 before the Central Administrative Tribunal, Jabalpur. On hearing learned counsels, the original application was dismissed. Hence, this petition is filed.

(3.) Shri Brian Da'Silva, learned senior counsel appearing for the petitioner's counsel contends that the order passed by the Tribunal is erroneous and liable to be set aside. That the Tribunal committed an error in misreading the material on record. The same is defended by the learned counsel for the respondents.