DILIP SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has been removed from service having found guilt of issuing six number of fake seasonal tickets to the commuters of train and has challenged the order of the Central Administrative Tribunal primarily on the ground that the petitioner was not allowed to cross-examine the relevant witnesses nor was given an ample opportunity to defend his case, which attracted the violation of principle of natural justice.

(2.) On a reliable information the discrete enquiry was made and several commuters of the train were intercepted, who were possessing the fake and forged seasonal tickets issued from the counter of the relevant station manned by the petitioner. He was put under suspension for a pretty long time, which was subsequently revoked. The draft statement of imputation in support of the article of charges was forwarded to the competent authority to take a decision whether the enquiry proceeding should be initiated by appointing an enquiry officer. Since the said draft imputation of the charges founded upon the relevant allegations against the petitioner was issued by the same person, who later on assumed the charge of disciplinary authority upon promotion, a plea is sought to be projected before us that it offends the fundamental principles of jurisprudence that one cannot judge his own cause.

(3.) To buttress the aforesaid contention reliance is heavily placed upon a judgement of the Supreme Court rendered in case of Institute of Chartered Accountants of India vs. L. K. Ratna & Ors. reported in AIR 1987 SC 71.