SECRETARY TO GOVERNMENT MINISTRY OF HOME AFFAIRS Vs. VICE CHAIRMAN, CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH

JUDGEMENT

(1.) HEM Chand, respondent No. 2, a member of Indian Police Service of West Bengal Cadre was posted as Executive Director (Vigilance) under Central Coalfields Limited, Ranchi. On certain charges, he was suspended and order of his suspension was passed on 19.9.1992 (Annexure 1) by the Director, Ministry of Coal, Government of India, in contemplation of departmental proceeding against him. Respondent No. 2 challenged order of suspension before the Central Administrative Tribunal, vide Original Application No. 487 of 1992, which was dismissed for default on 11.12.1992 and SLP No. 1557 of 1994 filed in the Supreme Court was also dismissed on 21.1.1994. In the meantime on 9.3.1994, enquiry officer was appointed and subsequently on 10.10.1994 another person was replaced as enquiry officer and the preliminary hearing was held. Respondent No. 2 did not participate in the said enquiry.

(2.) IT appears that respondent No. 2 filed O.A. No. 1052 of 1994 before the Principal Bench, Central Administrative Tribunal, at Delhi, challenging the memorandum of charges dated 9.12.1992 served on him, which was dismissed as not maintainable, keeping in view the order passed by the Supreme Court on 21.1.1994 in O.A. No. 427 of 1992 directing the enquiry to be concluded within six months. Even thereafter, respondent No. 2 did not participate in the enquiry and preferred SLP No. 3723 of 1995 before the Supreme Court which was ultimately withdrawn on 24.2.1995.

(3.) IT further appears that on 8.3.1995 a copy of report of the enquiry officer was served on respondent No. 2 mentioning therein that Government was in the process of taking view on the findings of the report and he was requested to reply, if he had any thing to say in the matter.