SUBHASH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned Senior Counsel for the petitioner Mr. Ajit Kumar, assisted by learned counsel Mr. H.P. Singh and Mr. Vikash Kumar and learned counsel for the Respondent-Union of India Mr. Madan Prasad.

(2.) Petitioner faced a departmental proceeding and also a criminal proceeding. Applicant was facing departmental exam for promotion to the Postman Cadre on 06.06.2010. Though he appeared in Paper-A exam, but in second sitting, some other candidate was found impersonating in his place. Other person was the brother of the applicant. Both of them faced trial for impersonation and at the end, the brother namely, Avinash Kumar was convicted, while the applicant was acquitted by the learned Trial Court vide judgment dated 22.03.2018 (Annexure-8) rendered in T.R. No. 68/2018 (G.R. Case No. 1960/2010). In the departmental proceeding, applicant was charged with the misconduct that during departmental examination on 06.06.2010, applicant who was functioning as GDSBPM Matari in a/c with Katras Bazar, appeared in the exam in Paper-A with Roll No. DNB-100, but at the time of examination in Paper-B, he managed to appear his own brother named as Avinash Kumar by removing his photograph from hall permit and pasting the photograph of his own brother Avinash Kumar. Charges were found to be proved and the Appellate Authority as well as Revisional Authority refused to interfere in the order of punishment.

(3.) Before the learned CAT, applicant took a ground that the Disciplinary Authority did not appreciate his defence and without affording any opportunity of being heard, punishment was imposed in violation of principles of natural justice. The punishment was also disproportionate to the alleged misconduct, if at all assumingly established.