JAGDISH CHANDER VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in the present writ petition is to the order passed by the Central Administrative Tribunal Chandigarh Bench, Chandigarh ( for short 'the Tribunal') on 7.3.2003, whereby his application challenging the order dated 1.8.2000 (Annexure P.16) enhancing the punishment imposed vide order dated 20.9.1999 (Annexure P.8), has been dismissed.

(2.) The petitioner while working as Signal Inspector was charge sheeted on 3.3.1998 (Annexure P.1). The reply filed by the petitioner was considered unsatisfactory and an Inquiry Officer was appointed. The Inquiry Officer gave his report on 8.5.1995, exonerating the petitioner from the charges levelled against him. The finding of the Inquiry Officer was communicated to the petitioner and the representation of the petitioner was sought in respect of the said report. The petitioner submitted his reply on 9.9.1999 to the effect that he is satisfied with the findings recorded by the Inquiry Officer. However, on 20.9.1999 vide order Annexure P.8, the penalty of reduction to a lower stage time scale for a period of 9 months was imposed upon the petitioner without postponing the future increments. The petitioner filed appeal against the said order but notice dated 3.3.2000 was issued to the petitioner to show cause by the Appellate Authority as to why full cost of the material misappropriated should not be recovered from him. However, the petitioner did not submit any reply to the said show cause notice. Thereafter, the order was passed on 1.8.2000 (Annexure P.16), whereby the penalty of reduction to the next lower stage in the same scale for a period of one year and six months with cumulative effect and recovery of Rs.3 lacs from his dues, was imposed upon the petitioner.

(3.) It may be noticed that no reasons of disagreeing with the report of the Inquiry Officer were communicated to the petitioner before the Disciplinary Authority passed the order of punishment on 20.9.1999. The reasons of disagreement were recorded by the Disciplinary Authority on 3.7.2000 (Annexure P.6) and communicated to the petitioner on the the same date vide Annexure P.14. It was thereafter that the punishment was enhanced by the Appellate Authority on 1.8.2000.