NARENDRA KUMAR TRIPATHI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal raises an interesting question relating to the initiation of the disciplinary proceeding against the appellant/writ petitioner. It is contended on behalf of the appellant that the disciplinary proceeding was initiated against the said appellant/writ petitioner on the basis of a charge sheet, which according to the said appellant/writ petitioner, does not disclose any misconduct.

(2.) The appellant herein, at the relevant time, was posted as Deputy Chief Mining Engineer, Hasdeo, South Eastern CoalFields Ltd., a subsidiary of Coal India Ltd. On 7th February, 1997 a show cause notice was served to the appellant under the signature of the Executive Director (Vigilance). However, subsequently by the written communication dated 19th February, 1997, the said appellant was asked to ignore the said show cause notice. The aforesaid letter dated 19th February, 1997 issued to the appellant herein is set out hereunder:

(3.) According to the appellant, the aforesaid charge-sheet was issued in a desperate attempt with ill motive to victimize the appellant. The appellant participated in the departmental proceeding initiated by the Disciplinary Authority on the basis of the aforesaid charge-sheet. The enquiry officer submitted a report before the Disciplinary Authority recording the finding that the charge levelled against the appellant had not been proved. The aforesaid findings of the enquiry officer are set out hereunder: