- (1.) The petitioner before us, who would have since superannuated on 31.3.2002 had he been in service, seeks to assail the order passed by the Central Administrative Tribunal, Chandigarh Bench dated 18.2.2000 upholding the action of the respondents pertaining to the disciplinary proceedings initiated against the petitioner.
(2.) The sole charge against the petitioner arising from the statement of article of charge was of wilful absentation from the headquarters without prior permission of the competent authority when he was under suspension. The petitioner was occupying post of the Chief Engineer, Union Territory, Chandigarh, when he was suspended on 24.11.1997 arising from certain raids by the Income Tax Department at his residence. The article of charge reads as under:- "That the said Shri K.K. Jerath, Chief Engineer, Union Territory, Chandigarh (under suspension) committed gross mis-conduct by wilfully absenting himself from headquarters (Chandigarh) from 6.2.1998 to 9.2.1998, 23.2.1998 to 4.3.1998 and 27.3.1998 onwards without getting prior permission from the Competent Authority. By doing so, the said Shri K.K. Jerath, Chief Engineer, Union Territory, Chandigarh (under suspension) has acted in a manner unbecoming of a Government servant violating the provisions of Rule 3 of Punjab Government Employees (Conduct) Rules, 1966 as now applicable to the Union Territory Administration of Chandigarh employees."
(3.) The statement of imputation of misconduct or misbehaviour in support of the article of charge is as under:- "The said Shri K.K. Jerath, Chief Engineer, Union Territory, Chandigarh was placed under suspension by the Competent Authority vide Chandigarh Administration, Department of Personnel's order bearing No.22/1/10/95/IH(4)/26649, dated 24.11.1997. In the orders, the headquarters of the said Shri K.K. Jerath was fixed at Chandigarh during the period of his suspension and he was not to leave the headquarters without obtaining prior permission of the Competent Authority. However, to evade his arrest in a case registered against him by the Vigilance Police Station, Union Territory, Chandigarh, the said Shri K.K. Jerath left the headquarters (Chandigarh), at his own without obtaining prior permission of the Competent Authority. He has been wilfully absenting himself from headquarters (Chandigarh) from 6.2.98 to 9.2.98, 23.2.98 to 4.3.98 and 27.3.98 onwards. The above charge is supported by the fact that the Court of S. Jasbir Singh, Judicial Magistrate Ist Class, Chandigarh has also declared him proclaimed offender on 20.5.1998 in the case FIR No.1, dated 3.2.1998, Police Station Vigilance, Union territory, Chandigarh. Thus, by doing so, the said Shri K.K. Jerath has acted in a manner unbecoming of a government servant violating the provisions of Rule 3 of the Punjab Government Employees (Conduct) Rules, 1966, as applicable to the employees of the Union Territory, Chandigarh, rendering himself liable for disciplinary action in accordance with the provisions of Punjab Civil Services (Punishment and Appeal) Rules, 1970 as applicable to the employees of the Union Territory, Administration of Chandigarh.";