A.P. Bhattacharya, J. - (1.) Applicant, Shri A. S. Chandra filed a writ application in the Calcutta High Court against the Union of India, re -presented by the Secretary, Ministry of Works and Housing and 5 others, which by operation of Sec. 29 of the Administrative Tribunals Act, 1985, came to this Tribunal by way of transfer for disposal.
(2.) The applicant was posted as Surveyor of Works (Electrical) in Central Electrical Circle No. II in the CPWD, Calcutta. During his such posting, he was served with a memorandum dated 14.8.1978 from which he came to know that a disciplinary enquiry was intended to be initiated against him under Rule 14 of the Central Civil Services (Classification, Control and Appeal), Rules, 1965. In that departmental enquiry, an Inquiry Officer and a Presenting Officer were appointed. Afterwards, from an order dated 20.8.1979, he came to know that the Inquiry Officer had concluded the enquiry and submitted his report. The applicant states that subsequently by an order dated 3.12.1979 he was directed to retire from service compulsorily with immediate effect. The applicant further states that his disciplinary authority found some discrepancy in the enquiry conducted by Shri K. P. Chakraborty, Inquiring Officer and as such he appointed another Inquiry Officer, viz., Shri Vasudevan. As Shri Vasudevan could not finalise the inquiry, one Shri D. C. Gupta was appointed as his successor. A report was submitted by Shri Gupta accepting which the disciplinary authority issued a notice on 26.9.1983 to the applicant directing him to show cause as to why by way of punishment 10% of his monthly pension could not be withheld for a period of 5 years. The applicant submitted a show cause . After that an order was issued on 19.10.1984 by which 10% of his monthly pension was withheld on permanent basis. In this application, the applicant challenged the enquiry proceeding on various grounds. He has prayed setting aside the order imposing the aforesaid penalty shown in Annexure 'Q' to the application and the advice given by the Union Public Service Commission on 31.8.1984 shown in Annexure 'R'.
(3.) The application has been contested by the respondents.;