Shanker Raju, Member (J) - (1.) APPLICANT impugns memorandum dated 14.2.2002, initiating disciplinary proceedings under Rule 14 of the CCS (CCA) Rules, 1965, which are continued as a deemed proceedings after superannuation of applicant as well as order dated 8.5.2003, where the request of applicant for withdrawing the disciplinary proceedings is turned down.
(2.) The brief relevant factual matrix relevant for adjudication is that applicant joined as a Trained Graduate Teacher (TGT) in Kendriya Vidyalaya Sangathan (KVS). By an order dated 5.5.1994 applicant was transferred from KV-2 Ambala Cantt to KV Bandipur, Jammu & Kashmir. Applicant preferred several representations as she was not maintaining good health for leave on medical grounds on 22.11.1994. On 7.2.1995, applicant made a request giving option of various schools for the purpose of posting. On 19.5.95 the Hon'ble Minister concerned has passed an order staying the transfer. By an order dated 31.5.95 as a consequence of the above transfer of applicant was modified and applicant was transferred to Jhunjhunu (Rajashthan). During the period from 27.7.94 to 23.6.95 when applicant vacated the accommodation the aforesaid period has been stated to be unauthorised and as a result thereof the respondents proposed to impose damage charges on applicant as well as before the superannuation of applicant on 31.3.2003 the disciplinary proceedings for misconduct of unauthorised occupation in KVS accommodation were initiated for the allegations pertaining to the period 27.7.94 to 23.6.95. The period of absence was later on regularised as leave of the kind due vide order dated 23.6.1999. Applicant preferred O.A. 2792/2002 where directions have been issued to the respondents to pass a reasoned order. Accordingly in compliance thereof an order was passed on 8.5.2003. CP-164/2003 was disposed of on 31.7.2003, giving liberty to applicant to assail the order in accordance with law. Hence the present O.A.
(3.) LEARNED Counsel for applicant states that applicant has made representations to respondents in pursuance of disciplinary proceedings to serve upon her copies of the documents and vide letter dated 9.7.2003 in so far as Allotment Rules are concerned, respondents have furnished to applicant Kendriya Vidyalaya Sangathan (Allotment of Residence) Rules, 1976 (for short, Allotment Rules) being the Rules in vogue. In this conspectus it is stated that these are the only rules which are in vogue and have been applied to the case of applicant for alleging misconduct of unauthorized occupation. The learned Counsel states that unauthorized occupation is not a misconduct and no disciplinary proceeding is contemplated in the rules. The only provision for taking a disciplinary proceeding is when the KVS accommodation is sub letted or shared unauthorisedly. Accor-dingly, it is stated that if the alleged conduct is not a misconduct holding of disciplinary proceeding is not justifiable.;