NELSON MOTIS Vs. UNION OF INDIA

JUDGEMENT

(1.) Special leave is granted.

(2.) The main question which has been raised in this appeal relates to the interpretation and scope of Rule 10(4) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, and its consequent validity.

(3.) Adisciplinaryproceedingwasinit'ated against the appellant on the basis of several charges and an Inquiry was conducted. The Inquiry Officer submitted a report holding that the charges had been proved. The report was accepted by the disciplinary authority who passed an order of removal of the appellant from service on 4-2-1984. The order was confirmed in departmental appeal. The appellant, thereafter, challenged the order of punishment by an application before the Central Administrative Tribunal which was registered as OA No. 4 01 of 1987. It was contended that since a copy of the inquiry report had not been served on the appellant, the proceeding got vitiated in law. Relying upon an earlier Full Bench decision of the Tribunal the plea was accepted and the application was allowed setting aside the penalty and directing reinstatement of the appellant with the observations that it would be open to the authorities concerned to take up the proceedings afresh, unless they chose to drop the same. It was also observed that a criminal case which had been started against the appellant on the basis of the same charges had concluded in his acquittal and this fact also shall be kept in view while deciding whether the proceedings should be dropped or not. The Tribunal did not express its views on the merits of the case against the appellant.