Original Application Nos. 592 and 796 of 2010. Case: 1. Hassan T.A. S/o. Ali P.V., Assistant Accounts Officer (Adhoc), 2. Venugopalan M, S/o. Manian V., Senior Accountant Vs 1. The Comptroller and Auditor General of India, Government of India, Deputy Comptroller and Auditor General, The Accountant General (A and E) Kerala and Shri V. Ravindran, Principal Accountant General (A and E), [Alongwith Original Application Nos. 609 and 767 of 2010], 2. The Comptroller and Auditor General of India, Government of India, The Senior Deputy Accountant General (Admn), The Accountant General (A and E) Kerala and Shri V. Ravindran, Principal Accountant General (A and E), [Alongwith Original Application No. 796 of 2010. Central Administrative Tribunal
| Case Number | Original Application Nos. 592 and 796 of 2010 |
| Judges | P.R. Raman (J) and K. George Joseph (A), Members |
| Issue | Other Law |
| Judgement Date | September 02, 2011 |
| Court | Central Administrative Tribunal |
Order:
K. George Joseph, Member (A), (Ernakulam Bench)
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As common questions of law and facts arise for consideration in the above Original Applications, they are disposed of by this common order.
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The applicants in OA Nos. 592, 596, 605, 609 & 625 of 2010 are employees of Accountant General's office at Trichur and the applicants in OA Nos. 767 & 796 of 2010 are employees of Accountant General's office Kozhikode. They were charge sheeted for violating the provisions of Rule 7 (i) and 3(1)(iii) of CCS (Conduct) Rules, 1964 by participating in demonstrations on various dates during the period from December, 2006 to August, 2007.
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The charge memo issued to the applicant in OA No. 596 of 2010 reads as follows:
M E M O R A N D U M
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Shri Nandakumaran A, Section Officer, Office of the Accountant General (A&E), Branch Office, Thrissur is hereby informed that it is proposed to take action against him under Rule 16 of CCS (CCA) Rules, 1965. A statement of the imputations of misconduct or misbehaviour on which action is proposed to be taken as mentioned above is enclosed.
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Shri Nandakumaran A, Section Officer is hereby given an opportunity to make such representation as he may wish to make against the proposal.
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If Shri Nandakumaran A, Section Officer fails to submit his representation within 10 days of the receipt of this memorandum it will be presumed that he has No. representation to make and orders will be liable to be passed against him ex-parte.
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The receipt of this memorandum should be acknowledged by Shri Nandakumaran A, Section Officer. Statement of imputations of misconduct or misbehaviour on which action is proposed to be taken against Shri Nandakumaran. A, Section Officer, Office of the Accountant General (A&E), Branch Office, Thrissur Shri Nandakumaran. A, Section Officer, Office of the Accountant General (A&E), Branch Office, Thrissur had participated in the agitation programme held in the Branch Office, Thrissur on 19.12.2006. A memorandum dated 30.01.2007 was issued directing him to show cause why action should not be initiated against him for taking part in the unauthorised agitation programme. In his reply dated 22.02.2007 to the said memorandum, Shri Nandakumaran. A had stated that, as a member of the Association, he was attending to a call issued by the Association and he did not mean any violation of the conduct rules. He had also requested to accept the explanation and not to proceed further in the matter.
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The...
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