JUDGEMENT
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(1.) Leave granted.
(2.) The appellant, who was working as a Junior Clerk in
the Subordinate Court at Yanam (Pondicherry), was dismissed
from the service on conclusion of disciplinary proceedings
by the Chief Judge, Pondicherry (for short "Chief Judge")
vide order dated November 8, 2000. The appellant challenged
that order before the High Court of judicature at Madras by
filing a Writ Petition. His Writ Petition came to be
dismissed on June 11, 2007. It is from this order that the
present appeal, by special leave, arises.
(3.) On April 28, 1999, the appellant was issued a Charge
Memo setting out therein that he was liable to be proceeded
with the disciplinary action under Rule 14 of the Central
Civil Services (Classification, Control and Appeal) Rules,
1965 (for short "CCS Rules"). Along with the Charge-Memo,
Article of Charges was sent to the appellant. The Article
of Charges contained ten articles. An Inquiry Officer was
appointed and inquiry proceeded against the appellant. The
appellant filed his response by way of defence to the
Charge Memo and Article of Charges and denied the
allegations levelled against him. The appellant, after some
time, did not participate in the departmental inquiry. As a
result of which, the departmental inquiry continued exparte. Subsequently, on his objection that he had not been
provided adequate opportunity, ex-parte departmental inquiry
was re-called and the inquiry started de novo. After full
participation by the appellant thereafter in the
departmental inquiry, some of the charges were found fully
proved while some were held partially proved by the Inquiry
Officer. The Disciplinary Authority (Chief Judge), on
consideration of the report submitted by the Inquiry
Officer, agreed with the findings recorded in the inquiry
report and awarded to the appellant penalty of dismissal
from the service.;
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