LAWS(ORI)-2010-9-29

K RAJENDRAMANY Vs. UNION OF INDIA

Decided On September 17, 2010
K.RAJENDRAMANY Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS writ application has been filed under Articles 226 227 of theConstitution of India assailing the order dated 9.7.2004 passed by the CommerceSecretary Appellate Authority, Government of India, Ministry of Commerce Industr6yconfirming the order of punishment dated 27.8.2003 passed by the Disciplinary Authorityin a disciplinary proceeding initiated the petitioner.

(2.) THE case of the petitioner in brief is that while petitioner was working as AssistantDirector in Marine Products Export Development Authority, a disciplinary proceedingwas initiated against the petitioner by issuing a memorandum of charges dated24.9.1999. Though the memorandum of charges contained six charges, the petitionerwas found guilty in respect of four charges. On the basis of such finding recorded by theEnquiry Officer the petitioner was found guilty in respect of charge Nos. 1,2,5 and 6.THE Disciplinary Authority-opp.party No.2 by the impugned order under Annexure-1dated 27.8.2003 imposed punishment of reduction in rank. Thus, the petitioner wasimposed punishment of reduction in rank from the grade of Assistant Director to thegrade of Junior Technical Officer (Export Promotion) until he was found fit after a periodof three years from the date on which the said order takes effect. However, it is directedthat the impugned punishment of reduction in rank will come into force with effect from1.10.2003 and this was so done so as to enable the petitioner to file an appeal beforethe appellate authority. Challenging the punishment so imposed by the DisciplinaryAuthority, the petitioner has preferred an appeal which came to be rejected by orderdated 9.7.2004 under Annexure-2. Since the order of punishment dated 27.8.2003 waskept in abeyance, the said order was given effect to after disposal of the appeal. THEseorders passed by the Disciplinary Authority as well as the appellate authority areimpugned in this writ petition.