UNION OF INDIA Vs. NARAYAN CHOUHAN

JUDGEMENT

(1.) The petitioners-Union of India have filed the present petition being aggrieved by order dated 31. 07. 2019 passed by Central Administrative Tribunal, Bench Indore in Original Application No. 200/00678/2015 ( Narayan Chouhan vs Union of India and Others ), whereby the learned CAT has allowed the OA No. 200/00678/2015 partly and set aside the punishment order dated 13. 06. 2014 passed by the Disciplinary Authority as well as the order dated 23. 05. 2015 passed by the Appellate Authority.

(2.) It has been argued before this Court that the Inquiry Officer has exonerated the employee of the alleged misconduct and the disciplinary authority has arrived at a conclusion that the employee has committed the misconduct and thereafter a show cause notice to the employee was issued and in those circumstances, Central Administrative Tribunal had remanded the matter back to the disciplinary authority to proceed ahead from the stage of recording the dissenting note. Paragraphs 5 to 7 of the judgment ( Narayan Chouhan vs Union of India ) reads as under:

(3.) In the instant case also, though the Inquiry Officer found that the charges are not proved by the applicant, however, Disciplinary Authority did not agree to it and served a disagreement note to the applicant. A bare reading of the disagreement note makes it clear that the reasons recorded by the Disciplinary Authority are almost similar to the reasons recorded in the case of Vishwas Nimgaonkar (supra), which has already been dealt by us by setting aside the same. Therefore, in our view the dissenting note sent to the applicant as well as the subsequent proceedings based thereon are also liable to be set aside.