BHOLERAM SONI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution challenges the order of Central Administrative Tribunal ( Tribunal) passed in O.A. No. 191/2011 dated 02nd May, 2013. The Tribunal dismissed the said O.A. of the petitioner wherein the order of punishment dated 19.11.2007 and appellate order dated 07.05.2009 were called in question.

(2.) Brief facts necessary for adjudication of this matter are that petitioner was working as Senior Accountant with the respondent department.

(3.) Shri S.C. Sharma, learned counsel for the petitioner, raised singular contention. He submits that allegations mentioned in the charge sheet were factual in nature. Petitioner put forth his defence and stated that allegations are incorrect. In addition, he demonstrated the reasons for alleged delay in submitting the case of claimants before the authorities. Petitioner also prayed for conducting an enquiry as per Rule 16(1)(b) of CCA, Rules. Respondents have erred in not conducting the enquiry. Criticizing the order of the Tribunal, it is contended that Tribunal's order runs contrary to the law laid down by the Supreme Court in ( O.K. Bhardwaj Vs. Union of India and Ors., 2001 9 SCC 180). Reliance is also placed on (Ajay Kumar Singh Vs. State of M. P., 2008 ILR(MP) 746). In nutshell, it is argued that respondents have erred in inflicting the punishment without conducting any enquiry.