MANOJ KUMAR RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties through V.C.

(2.) The instant application has been preferred by the petitioner for quashing the order dated 8.6.2007 as contained in Memo No.180001/14/Civ Clk/A1, passed by the Colonel Administration, HQ 23, Infantry Division, Cockerel canteen, Ranchi on behalf of the respondent no.3, GOC, whereby the petitioner's termination order dated 15.09.2006 vide letter no.2008/URC/Q3 has been upheld. It is further for a direction upon the respondents to forthwith revoke the order of termination and to reinstate him in service with all consequential benefit in accordance with law.

(3.) Learned counsel for the petitioner submits that no enquiry has ever been initiated against this petitioner. He was never informed about any enquiry for preparing his defense. He contended that the statement of the complainant should have been recorded in presence of the petitioner, but the same was not recorded in his presence. He further submits that all of a sudden, he received a show-cause notice alleging charge for collecting excess money from Ex-servicemen for preparation of smart card as well as for repeatedly arriving late on duty. He further contended that though all these submissions/grounds were categorically stated in his show-cause reply dated 09.08.2006; however for the reasons best known to concerned respondent, the disciplinary authority has not given any reason, whatsoever. He further submits that even the appellate authority has not taken into consideration the grounds taken in the appeal. He reiterated that no enquiry proceeding was ever initiated against him.