BASHIR AHMED HAKAK Vs. UNION OF INDIA

JUDGEMENT

(1.) An order of compulsory retirement passed on 23.10.1996 is being assailed by the petitioner in the present litigation. The operation of this order was stayed by this Court on 6.12.1996.

(2.) Petitioner submits that in response to advertisement notice issued by the Union Public Service Commission (hereinafter referred to as the Commission), the petitioner submitted an application seeking employment with the Govt. of India. He was seeking selection to grade-III Central Information Service. Petitioner was selected. A letter of appointment was issued in his favour. This letter is dated 13.8.1982. Petitioner submitts that the notification in this regard is Annexure P-2. On 13.7.1989 a charge-sheet was served on the petitioner. The charge against him was that the petitioner when he applied for the post suppressed the fact that he was in the employment of the High Court of Jammu and Kashmir and that disciplinary cases were pending against him. It was submitted that non-giving of this information exhibited lack of integrity. The Article of Charges has been placed on the record as Annexure P-3. For facility of reference this is being re-produced below :

(3.) Petitioner denied the charge. He submitted a detailed reply. This is Annexure P-4. This led to the appointment of an Inquiry Officer. After the inquiry was over, the order dated 23.10.1996 came to be passed. Further facts which were relevant for the issuance of the charge-sheet and the material which was taken note of be also noticed at this stage. After the article of charges were served on the petitioner and after he had denied the allegations, the respondent authorities decided to conduct a formally enquiry. Dy. Director of Field Publicity was appointed as Inquiry Officer. Inquiry Officer was later on changed and ultimately it was Shri N. Balasubramaniam who figures as respondent No. 4 came to hold the inquiry. Petitioner had taken the following four pleas. These are noticed in the order dated 23.10.1996. These are re-produced below :-