- (1.) The instant petition filed under Article 226 of the Constitution challenges order dated 14.10.2010 (P-1) rendered by the Chandigarh Bench of the Central Administrative Tribunal (for brevity, 'the Tribunal') dismissing the original application filed by the applicant-petitioner upholding the order dated 11.8.2006 (P-2) passed by the disciplinary authority, dismissing him from service, as well as order dated 13/14.2.2007 passed by the Appellate Authority (P-3).
(2.) It is admitted position on record that the petitioner, who was working as a Principal, Kendriya Vidyalaya Suranussi, Jalandhar, left for abroad on 9.3.1997 without getting his leave sanctioned from the competent authority. He was placed under suspension and dismissed from service on 5.5.1999. Subsequently, under the orders passed by the Tribunal, vide order dated 27.11.2002 passed in O.A. No. 124/HK/2001, which were upheld by this Court in CWP No. 2965-CAT of 2003 on 21.2.2003, the applicant-petitioner was re-instated in service on 13.12.2004. He was then posted at Kendriya Vidyalaya, Ambikapur in Chhattisgarh. On 12.2.2005, he submitted his resignation but the same was not accepted instead a departmental inquiry under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (for brevity, 'the Rules') was initiated against him, vide charge sheet dated 15.3.2005 (P-21). Since incomplete charge sheet was served, therefore, the applicant-petitioner made a representation to supply him annexures of the charge sheet, which were duly supplied to him on 12.4.2005 (P-23A).
(3.) It has been alleged by the applicant-petitioner that without following proper procedure i.e. supplying the documents to him, the Enquiry Officer proceeded in a hurried manner to conclude the inquiry. This led to filing of OA No. 2690 of 2005 by the applicant-petitioner before the Principal Bench of the Tribunal, which was disposed of vide order dated 7.12.2005 (P-32), directing the Enquiry Officer to permit the applicant-petitioner to peruse the relevant documents, if any with regard to the article of charges.;