CHIDANANDA SAIKIA Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Being dissatisfied with and aggrieved by the judgment and order dated 30.07.2008 passed by the learned Central Administrative Tribunal, Guwahati Bench, Guwahati (hereinafter for short referred to as the Tribunal) negating his challenge to the order of his removal from service as a disciplinary measure, the petitioner is before this Court seeking redress. We have heard Ms. D. Borgohain, learned counsel for the petitioner and Mr. N. Baruah, learned Central Government Standing Counsel for the respondents.

(2.) The petitioner, while was engaged as the night Chowkidar at the Head Post Office, Jorhat as a substitute of Md. Hussain Ali who had been on leave from 03.02.1999 to 14.02.1999 was served with a memorandum of charges dated 14.10.1999 levelling on him the following imputations-

(3.) A disciplinary proceeding under the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter for short referred to as the Rules) followed, in which, the disciplinary authority examined witnesses and also adduced documentary evidence. The statement of the petitioner was also recorded and finally the inquiry officer on 11.12.2001 submitted his report holding him to be partly responsible for the theft/ burglary for which he had been charged. The disciplinary authority on the receipt of the inquiry officer's report recorded his disagreement therewith, by its communication dated 07.01.2002 acquainted the petitioner thereof and accorded him an opportunity to represent against the same.