UNION OF INDIA AND OTHERS Vs. AJAY AGRAWAL

JUDGEMENT

(1.) Shri Vivek Khedkar, learned Assistant Solicitor General for petitioner/Union of India. Heard on admission.

(2.) Challenge in this petition under Article 227 of the Constitution of India is to an order dated 12/07/2017 passed in original application No. 202/00718/2015 and original application No. 202/ 00719/2015, whereby, the Central Administrative Tribunal has quashed the entire proceedings from the stage of issuance of charge sheet on the finding that the entire proceedings stand vitiated because of non holding of a regular enquiry into the charges levelled for imposition of minor penalty, as the charges were denied.

(3.) Respondent while holding the post of Assistant Engineer was served with memorandum on 18/01/2011 whereby explanation was sought for not preparing the justification and tenders properly pertaining to the work of "C/o Sports Hall for I.B. At M.V. Palace Shivpuri (M.P.) vide agreement No. 28/EE/GCD/2008-09. The respondent submitted his explanation on 24/01/2011. Thereafter, the disciplinary authority issued a memorandum on 25/03/2013 proposing disciplinary action under Rule 16 of CCS (CCA) Rules 1965. Respondent denied the allegations by filing reply on 25/03/2013. The disciplinary authority instead of holding a regular departmental enquiry to establish the charges, inflicted the penalty by disagreeing with the stand taken by the respondent in the reply. It is the said order which was quashed by the Tribunal on the finding that the procedures stood vitiate as no regular enquiry was held.