BARJINDER SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner was charge sheeted under Rule 14 of the Central Civil Services (C.C.A.) Rules 1965 on 20.9.2002, when he was serving as Upper Division Clerk on the allegation that he remained absent from duty from 19.10.1998 onwards without sanction of any leave. Penalty of censure was awarded in the above enquiry as per the order passed by the disciplinary Authority on 16.11.2005. The petitioner filed earlier Original Application 55/PB/2007 before the learned Central Administrative Tribunal, Chandigarh Bench for issuance of a direction to the respondents to treat the period of absence as leave of the kind due to him and to consider his case for promotion. The respondents issued show cause notice on 14.9.2007, calling upon the petitioner to explain as to why the penalty of censure imposed upon him be not reviewed.

(2.) Learned counsel appearing for the petitioner submitted that the respondents have reviewed the order of penalty imposed by the Disciplinary Authority without any new material or evidence as contemplated under Rule 29A of the Central Civil Services (CCA), Rules 1965, therefore, the order passed by the Review Authority is not sustainable in the eyes of law. The learned counsel appearing for the respondents submitted that the Head of the Department had invoked Rule 29 which empowered him to call for the records and revise the orders.

(3.) On a careful perusal of the impugned order passed by the Head of the Department, we find that the Head of the Department had invoked the Revisional power conferred on him under Rule 29 (1) (iv). As per the above provision, the Head of the Department may at any time, either on his own motion or otherwise call for the records of any enquiry and revise the order passed by the Disciplinary Authority confirming, modifying or setting aside the penalty imposed by the Disciplinary Authority. But no order imposing or enhancing of any penalty shall be made by any Revisional Authority unless the government servant concerned has been given a reasonable opportunity of making a representation against the penalty proposed.