K.C. KHANNA Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in the present writ petition is to an order dated 12th May, 2014, passed by the Central Administrative Tribunal, Patna Bench, Patna, in O.A. No. 1009 of 2012. By the aforesaid order, the challenge to the order of punishment of Censure awarded to the petitioner remained unsuccessful.

(2.) The petitioner was charge-sheeted on 23rd June, 2008 for major penalty under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as CCA Rules). The charge-sheet was on two grounds, viz. noncompliance of the order given by the competent authority and not furnishing the information within the stipulated time and the other was misbehaviour with the D.A.G. (Commercial) on 16.02.2005, when the petitioner was called by the officer in her chamber over the file regarding audit and accounts. The enquiry officer found both the charges were not proved. The finding of the enquiry officer was communicated to the petitioner but without any disagreement note. However, the disciplinary authority passed an order of punishment of stoppage of three increments for three years on 17.04.2009 recording disagreement with the finding of the enquiry officer on the second charge. The petitioner filed an appeal against the order of punishment. The appellate authority dismissed the appeal on 18th August, 2009.

(3.) The petitioner filed O.A. No. 363 of 2008 before the learned Tribunal challenging the orders of punishment. The Tribunal allowed the application finding that the order of the appellate authority is non-speaking and cryptic and, therefore, the matter was remitted to the Dy. C.A.G. of India to dispose of the appeal. It is thereafter the appellate authority imposed the penalty of Censure. It is the said order dated 12.11.2012, which was challenged by the petitioner before the Tribunal. Such challenge remained unsuccessful.