- (1.) This petition is directed against order dated 13.2.2001 passed by the Central Administrative Tribunal Chandigarh Bench (for short, the Tribunal) in O.A. No. 714-HR of 2000 quashing the enquiry initiated against respondent no.1- R.D. Gupta under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (for short, the 1965 Rules).
(2.) The facts necessary for deciding the writ petition are that vide memorandum dated 20.7.1998. Director (V&L), Central Board of Director Taxes informed respondent no.1 about the proposal to hold an enquiry into the misconduct allegedly committed by him while working as Deputy Commissioner of Income Tax (Appeals) , Alwar during the year 1991. On receipt of the said memorandum which was accompanied by the statement of articles of charges, statement of imputation of misconduct in support of articles of charges together with the list of documents and witnesses, respondent no.1 filed detailed reply dated 15.11.1999 denying the allegations levelled against him he then filed an application before the Tribunal for quashing the proceedings of enquiry by contending for quashing the memorandum dated 20.7.1998 on the ground that the allegations levelled against him did not disclose commission of any misconduct and in any case, the Board was not justified in initiating the disciplinary proceedings qua the orders passed by him in a quasi judicial capacity. He also averred that delay of 7 years was fatal to the initiation of enquiry.
(3.) In their written statement, the non-applicants (petitioners herein) averred that the Tribunal does not have the jurisdiction to entertain the application against the charge-sheet. They also pleaded that the stage has not reached for the Tribunal's intervention in the enquiry proceedings.;