OM PRAKASH Vs. UNION OF INDIA
HIGH COURT OF GAUHATI
UNION OF INDIA
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Hrishikesh Roy, J. -
(1.) Heard Mr. K. Paul, the learned counsel representing the petitioner. The respondents are represented by the learned Central Govt. Counsel (CGC), Mr. S. Sarma.
(2.) The petitioner is a former Cook, who was attached with the 1071 Field Workshop of the GREF. The challenge here is to the order dated 22.1.2009 (Annexure-F), whereby, on the basis of the Disciplinary Proceeding (DP) and the guilty finding, the penalty of dismissal from service was ordered, by the Chief Engineer of Project Chetak.
(3.) The major penalty was imposed, under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as 'the CCS (CCA) Rules'), and the petitioner contends that the Inquiry authority failed to record evidence to render his finding but based his conclusion on the delinquent's admission in the written statement of defence and also the earlier finding of the Court of Inquiry. This is projected to be infringement of the procedural requirement for the D.P.;
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