VIJAY RAM PARIHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution is directed against the order of the Central Administrative Tribunal, passed in Original Application No. 693/2009, whereby petitioner's application is dismissed by the Tribunal. The petitioner was removed from service pursuant to a disciplinary proceeding. His appeal and revision could not fetch any result.

(2.) THE Tribunal opined that out of eight charges levelled against the petitioner, seven charges have been proved. In para 7 of the order, the Tribunal gave a specific finding that the petitioner has not challenged the disciplinary proceedings on the ground of any deficiency in the procedure adopted for conducting the enquiry or passing the punishment order. The Tribunal opined that it is not a case of no evidence and, therefore, no interference is required.

(3.) IN the body of present petition also, it is not averred by the petitioner that he challenged the decision making process of the departmental enquiry before the Tribunal but Tribunal erred in not considering the same. Thus, it is clear that the petitioner did not raise any grievance against the decision making process of the disciplinary proceedings before the Tribunal. In absence of pressing that aspect before the Tribunal, no error can be found in the finding aforesaid given by the Tribunal. This Court is not obliged to act as a court of first instance to examine the decision making process aforesaid when it was clearly not pressed before the Tribunal. We are in agreement with the finding of the Tribunal that it is not a case of no evidence.