LAWS(JHAR)-2009-8-209

ALOK GOYAL Vs. UNION OF INDIA AND ORS

Decided On August 05, 2009
Alok Goyal Appellant
V/S
Union of India And Ors Respondents

JUDGEMENT

(1.) This is a petition for review of the judgment and order dated 1.5.2008 passed by the Division Bench in W.P.(C) No. 5481 of 2007 by which the writ petition was partly allowed in favour of the petitioner substituting the punishment of stoppage of one increment without cumulative effect by substituting it with the punishment of censure.

(2.) To explain the position, a slight enumeration of the fact may be essential which is to the effect that the petitioner had been charged for misconduct on account of the fact that he had proceeded for an educational programme in the United States of America for two years' Masters in Public Administration in the Harvard University and he had proceeded on leave without seeking a no objection certificate from the concerned authority. An enquiry thereafter was initiated against the petitioner and after full opportunity of hearing to the petitioner, a report was submitted wherein he was held guilty of the charge of misconduct as he had proceeded on study leave without obtaining a 'no objection certificate' from the competent authority.

(3.) The petitioner approached the Central Administrative Tribunal and assailed the order of punishment imposed on him but the Tribunal was pleased to reject the application filed by the petitioner.