NATHA SINGH Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) CHALLENGE in this writ petition is to the order dated 14.2.2002 passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh, rejecting the application preferred by the petitioner, by order dated 14.3.2000, Annexure P1/A, vide which major penalty proceedings against the petitioner were initiated against him by the Administrator; charge sheet dated 31.3.2000, Annexure P -2; enquiry report dated 30.6.2000, Annexure P -3, order dated 12.10.2000 passed by the Disciplinary Authority, Annexure P -4, imposing punishment of 50% cut in pension and order dated 14.2.2001 passed by the appellate Authority, Annexure P -5, reducing the penalty to 10% cut in pension.

(2.) BRIEFLY , the facts are that the petitioner was working as a Superintendent Grade II, when he recommended the proposal submitted by a Senior Assistant relating to revision of pay scales of the Laboratory Assistants of the Punjab Engineering College. On the basis of the said recommendation, notification dated 17.4.1997 was issued by the Finance Department, which resulted in grant of undue benefit to the employees. It was found that the petitioner had misconducted himself by not satisfying him prior to recommending the proposal in toto as received by him, which was unbecoming of a Government servant.

(3.) ORIGINAL Application No.608 -CH of 1999 (Kamal Kishore and others Vs. Chandigarh Administration and others) was pending before the Central Administrative Tribunal, Chandigarh Bench, Chandigarh, when certain observations were made by the Tribunal, on the basis of which, the Administrator of Union Territory of Chandigarh called for the file pertaining to initiation and finalisation of disciplinary proceedings against the petitioner. While going through the file, the Administrator found that the notification, which was issued, was in total contravention of the recommendation of the Anomaly Committee, which recommendation was made by the petitioner in toto as was received by him from the Senior Assistant, resulting in loss to Government exchequer to the tune of Rs.20 lacs. On that basis, the Administrator, while exercising powers of the Government under Rule 21 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 (for short, "1970 Rules"), suo -motu reviewed the order passed by the Punishing Authority dated 21.7.1999 and set -aside the same vide order dated 14.3.2000 and remitted the case back to the Disciplinary Authority for initiating major penalty proceedings against the petitioner on the basis of charge sheet already issued to him. This order dated 14.03.2000 was not challenged by the petitioner and he rather accepted the same.