BIMALENDU GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) IN assailment is the judgment and order dated 18.06.2010, passed by the learned Central Administrative Tribunal, Gauhati Bench, Guwahati (for short hereafter referred to as the Tribunal) in OA No.170/2008. Thereby, the petitioner's impugnment of his removal from service as a disciplinary measure has been negated.

(2.) WE have heard Ms. M Dev, Advocate assisted by Ms. S Khan, Advocate for the petitioner and Mr. R Sarma, learned Assistant Solicitor General of India, Gauhati High Court for respondent Nos. 1 & 2. Also heard Mr. G Baishya, learned counsel appearing for the respondent Nos.3,4 & 5.

(3.) THE respondents in their written statement in the proceedings before the Tribunal, in substance, asserted that the Senior Deputy Accountant General in terms of the relevant Standing Orders was duly authorized in law to initiate the departmental proceeding against the petitioner and award the penalty as done. According to them, having regard to the gravity of the proved charges, the penalty of removal is commensurate thereto and, thus, no legal flaw is discernible in the decision of the Appellate Authority as well.