S.D.BHARDAWAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant joined service as an Investigator in the Department of National Sample Survey, Government of India, on 19th January, 1965 and was serving the said department till his removal from service on 31st August, 1967. There were some allegations against the appellant in the year 1966 and a preliminary enquiry was held. After the preliminary enquiry, it was proposed to hold an enquiry against the appellant under rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter called the Rules of 1965), with the result that the appellant was informed vide memorandum dated 28th October, 1966 (Annexure B -l) that an enquiry would be held in respect of the charges levelled against him. With this memorandum, the appellant was supplied the statement of article of charge (Annexure B -2), statement of imputations of misconduct in support of the articles of charge (Annexure B ), list of documents (Annexure B -4) and list of witnesses (Annexure B -5). The appellant was asked to admit or deny the charges and submit within 10 days of the receipt of the memorandum a written statement of his defence and also to state whether he desired to be heard in person.

(2.) The charge against the appellant was as follows: "That the said Shri S. D. Bhardwaj while functioning as Investigator, Punjab Block, fudged his diary for 24 -1 -1966 and 25 -1 -1966, 21 -3 -1966 and 8 -4 -1966 and y -4 -1966 respectively and did fictitious and Utilization Survey work on 25 -1 -1966 in Sample Village Doh, Tehsil Sarka Ghat, District Mandi. Thus Shri Bhardwaj is charged with fudging of diary on the above dates and doing fictitious work on 25 -1 -1966.

(3.) Enquiry was held, and the Inquiry Officer submitted his report (Annexure F) with the finding that charge No. 1 was proved except that entries in diary for 21 -3 -66, 8 -4 -66 and 9 -4 -66 about journeys to from village Doh on me said dates could not be proved wrong beyond doubt.