DES RAJ RANA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is in third round of litigation before this Court. The immediate cause of grievance of the petitioner is against the penalty imposed upon him on 08.06.2010 of reduction to lower grade, post and time scale, i.e. maximum pay of Lecturer (Sr. Scale) for a period of 3 years w.e.f. the date of issue of the order without cumulative effect subject to his good work and good conduct during this period. In case nothing adverse was found during this period, his post & time scale was to be reviewed after completion of three years from the date of orders by a Competent Selection Committee constituted as per the provisions of the 1st statutes of the NIT Act. The appeal preferred by petitioner against this penalty order was rejected on 18.02.2014 (Annexure P-39). Petitioner, has challenged both these orders.

(2.) The facts relevant for adjudicating the lis, may be streamlined, hereunder:-

(3.) (I). Charge-sheet: Petitioner has raised various contentions in the writ petition; one of them, is that learned Coordinate Bench of this Court, while disposing of CWP No.869/2005, though had relegated the parties to the stage as it existed on 13.12.2004, but, in terms of same judgment, the charge-sheet, issued to the petitioner on 24.08.2008, was also quashed therein; therefore, disciplinary proceedings were required to be initiated against the petitioner after issuing him fresh charge-sheet and not on the basis of already served charge-sheet.