SRI UPENDRA NATH MISRA, SUPERINTENDING SURVEYOR, OC NO.5 PARTY, NEC, SURVEY OF INDIA, SHILLONG Vs. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF SCIENCE & TECHNOLOGY, TECHNOLOGY BHAWAN, NEW MEHRAULI ROAD, NEW DILHI

JUDGEMENT

(1.) Heard Mr. H.K. Das, the learned counsel representing the petitioner. The respondents are represented by the learned Central Govt. lawyer Mr. S.P. Choudhury.

(2.) The matter pertains to a disciplinary proceeding for alleged misconduct of the respondent during his posting as Camp Officer in Arunachal Pradesh from Dec., 1996 to April, 1997. In the charge memo, drawn up on 17.1.2001 (Annexure-1), under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as 'the CCS Rules'), five charges were levelled and for the purpose of present discussion, it will suffice to extract the charges, under Article-I, IV and V, for ready reference:-

(3.) The disciplinary authority proposed to prove the charge by placing reliance on the muster rolls for the concerned period submitted by the Camp Officer and the eight verifiers. The Superintending Surveyor who is higher in hierarchy above the delinquent and the Surveyor who is below him, were named amongst the list of witnesses to prove the charges.