UNION OF INDIA Vs. MOHD NASEEM SIDDIQUI

JUDGEMENT

(1.) The respondent was an employee of the Central Railway. A charge- sheet was issued on November 1, 1999 alleging fraud and misappropriation by him while working as Head Booking Clerk at Bhopal. One S.P. Nigam was appointed as Inquiry Officer. After inquiry, the Inquiry Officer submitted a report holding the respondent guilty of the charges. Acting on the said report, the Disciplinary Authority by order dated October 29, 2001 imposed the punishment of removal from service. The appeal filed by the respondent was rejected on April 3, 2002.

(2.) Feeling aggrieved, the respondent approached the Central Administrative Tribunal, Jabalpur Bench, in O.A. No. 408/2002. The Respondent urged that the domestic inquiry was opposed to principles of natural justice and therefore vitiated on the following two grounds:

(3.) The Tribunal by order dated March 25, 2004 allowed the application. It held that the Inquiry Officer acted as the Presenting Officer and thus the inquiry was vitiated as it violated the principles of natural justice. The Tribunal therefore set aside the orders of the Disciplinary Authority and the Appellate Authority and remitted the matter to the. Disciplinary Authority to conduct an inquiry against the respondent afresh from the stage of appointment of Presenting Officer.