SIMUL DATTA Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Heard Ms. U Dutta, the learned counsel appearing for the petitioner. Also heard Mr. SC Keyal, the learned Assistant Solicitor General of India, appearing for the respondents.

(2.) The challenge here is to the order dated 16-12-2009 (Annexure-A) in the Original Application No. 121 of 2006 whereby the learned Central Administrative Tribunal dismissed the O.A. wherein the delinquent challenged the orders passed in the disciplinary proceeding.

(3.) At the relevant time, the respondent was posted as the Assistant Field Officer(T) in the Special Bureau of Government of India and when he dispatched the representation dated 12-05-1997 (Page-85) by post, disclosing sensitive information relating to the intelligence organization, he was charged with conduct unbecoming of a Government servant employed in the intelligence organization. Accordingly the charge memo dated 02-01-1998 (Annexure-14) was issued under Rule 3(1)(iii) of the CCS (Conduct) Rules, 1964 (hereinafter referred to as 'the CCS Rules'). The article of charge being relevant, are extracted herein below for ready reference: