ROOP CHAND Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Challenge in this writ petition is to the judgment and order, dated 13.08.2009, made by the Central Administrative Tribunal, Chandigarh Bench (Circuit at Shimla) (for short "the CAT"), whereby O.A. No. 682/HP/2007, titled as Shri Roop Chand versus Union of India and others, filed by the writ petitioner came to be dismissed (for short "the impugned judgment").

(2.) Writ petitioner was employee of respondents- department, was found involved in indiscipline and forgery, thus, has committed a misconduct. The respondents, after noticing the conduct, actions and the fact of forgery, decided to conduct departmental inquiry against him. Preliminary inquiry was conducted by the appointing authority and memorandum of charge sheet containing three article of charges was issued to him on 14.10.2005 (Annexure P-1), details of which have been given in the opening para of the impugned judgment.

(3.) Writ petitioner denied the charges, Inquiry Officer & Presenting Officer were appointed on 25.10.2005, and inquiry under Rule 10 of the Gramin Dak Sevak (Conduct and Employment) Rules, 2001 (for short "the Rules") was conducted. The Inquiry Officer submitted his report on 30.10.2006, who, after concluding the inquiry, came to the conclusion that all the charges were proved against the writ petitioner. Writ petitioner was asked to file representation vide letter, dated 24.11.2006, who filed representation on 04.12.2006. Thereafter, the disciplinary authority, vide order, dated 03.01.2007 (Annexure P-3) awarded the penalty of removal from service upon the writ petitioner.