D.B. Civil Writ Petition No. 4090/2001. Case: Union of India and Ors. Vs The Central Administrative Tribunal, Jaipur and Ors.. Rajasthan High Court
| Case Number | D.B. Civil Writ Petition No. 4090/2001 |
| Counsel | For Appellant: R.D. Rastogi, Addl. Solicitor General and Shena Singh, Adv. |
| Judges | Ajay Rastogi and J. K. Ranka, JJ. |
| Issue | Constitution of India - Article 227 |
| Judgement Date | June 29, 2015 |
| Court | Rajasthan High Court |
Order:
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Instant petition is directed against order of the Central Administrative Tribunal dt. 23/04/2001.
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Brief facts of the case are that the respondent-delinquent was working on the post of EDMC Khajuriawas since 1982. For the alleged delinquency, he was served with charge sheet dt. 04/12/1995 under R. 14 of the Central Civil Services (CCA) Rules, 1965 and the respondent-delinquent was called upon to submit explanation. The respondent-delinquent admitted the facts and also his guilt before the disciplinary authority in reference to the charge sheet dt. 04/12/1995 in his written reply dt. 16/12/1995 but still the disciplinary authority considered it appropriate that let the matter be referred to the enquiry officer to conduct enquiry. After the matter was referred to the enquiry officer, on the first date of the proceedings held on 13/05/1996, the respondent-delinquent rescinded from his statement of acceptance of the facts and guilt before the disciplinary authority in his written reply dt. 16/12/1995. The enquiry officer, taking note of the statement which he recorded in the proceedings dt. 13/05/1996, considered it appropriate to proceed with the enquiry in terms of the procedure provided under the Scheme of Rules, 1965 and fixed next date of 06/12/1996. On the said date of proceedings, the respondent-delinquent submitted written affidavit and admitted the facts & guilt and submitted that whatever action the authority wants to take against him is acceptable to him. Holding admission of guilt by the respondent-delinquent, the enquiry officer sent its report holding him guilty to the disciplinary authority and it has come on record that copy of the enquiry report furnished by the enquiry officer regarding admission of guilt of the respondent-delinquent was served upon him and he was called upon to submit his explanation. Even at this stage, he reiterated his admission and admitted his guilt before the disciplinary authority.
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The disciplinary authority while holding him guilty punished him with penalty of removal from service vide order dt. 04/05/1997 and the appeal preferred against the order of punishment also came to be rejected against which he preferred OA before the ld. Tribunal.
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The ld. Tribunal was of the view that even after acceptance of guilt by the respondent-delinquent during the course of enquiry, still enquiry was to be processed in terms of the procedure provided u/R. 14 of the Rules, 1965 and since the petitioner-department failed to comply with the procedure in its true spirit as contemplated u/R. 14 of the Rules, 1965, arrived to a conclusion that the...
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