UNION OF INDIA AND Vs. KAMAL ROY

JUDGEMENT

(1.) This writ petition is directed against the order dated 10.1.2001 passed in Original Application No. 181/98 by the Central Administrative Tribunal, Guwahati Bench.

(2.) The aforesaid Original Application was filed by the respondent Shri Kamal Roy challenging the order dated 18.6.1996 issued by the Director General (Security) imposing upon him the penalty of compulsory retirement from service. It may be mentioned here that the penalty of compulsory retirement was imposed on conclusion of the departmental proceedings initiated against the respondent in connection with two charges. For better appreciation the articles of charges are quoted below:

(3.) We have heard Mr. D. Baruah, learned Addl. CGSC for the petitioners and Mr. B. Banerjee, learned counsel for the respondent. Mr. Baruah, learned Addl. CGSC submitted that the conduct of the respondent throughout his service career has been detrimental to the interest of public service. Allegations of misappropriation, unauthorised absence from duty and other malpractices are there against him. Mr. Banerjee, learned counsel for the respondent, however, submitted that the penalty of compulsory retirement was imposed on conclusion of the departmental proceedings. Therefore, any matter not covered by the articles of charges of the departmental proceedings and the materials connected therewith cannot be taken into consideration for the purpose of deciding the case at hand. Mr. Banerjee further submitted that the enquiry was conducted ex-parte, the written statement submitted by the delinquent employee was not considered and that the matters settled were reopened and reconsidered while awaiting the penalty of compulsory retirement.