LAWS(JHAR)-2007-2-72

UNION OF INDIA Vs. DEVENDRA DEO NARAIN SINGH

Decided On February 08, 2007
UNION OF INDIA Appellant
V/S
Devendra Deo Narain Singh Respondents

JUDGEMENT

(1.) THE order passed by the Central Administrative Tribunal is under challenge by the Department in this writ petition. The delinquent -respondent was punished by the disciplinary authority for having not informed the authority about the visit of Ahmedabad in his tour report after completion of his tour. The Central Administrative Tribunal after considering the materials and also after hearing learned counsel for the parties found that the inquiry and its consequent punishment is not legal since the delinquent earlier was subjected to the preliminary inquiry by the disciplinary authority by which the punishment was imposed, being aggrieved by this order, writ petition has been filed by the Department.

(2.) WE have heard the learned counsel appearing for the petitioners as well as the counsel appearing for the respondent. There is no dispute in the fact that the disciplinary authority has conducted preliminary inquiry with regard to the charge and after giving opportunity to the delinquent and after perusing reply statement made by the delinquent, concluded that he was found guilty of the charge and imposed the punishment of censure which is a minor punishment.