- (1.) The challenge in the present writ petition is to an order passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short 'the Tribunal') on 11.2.2003 (Annexure P.17), whereby the original application filed by the petitioner under Section 19 of the Administration Tribunals Act, 1985 (for short 'the Act'), challenging the order of compulsory retirement dated 6.6.2002 (Annexure P.13) was dismissed.
(2.) The brief facts out of which the present petition has arisen are that the petitioner was appointed as demonstrator with Indian Council of Agricultural Research (hereinafter referred to as 'ICAR') and posted at Karnal on 21.4.1967. He was promoted as Principal Scientist on 19.3.1988. On 21.12.1999 (Annexure P.2), the petitioner was charge-sheeted for various acts of misconduct. The Inquiry Officer has given his report on 18.9.2001 (Annexure P.5), whereby the charges levelled against the petitioner were not found to be proved. In the meantime, the post of Director, National Bureau of Animal Genetic Resources, Karnal (Haryana) was advertised on 30.6.2001. Since the disciplinary proceedings were pending against the petitioner, which were not being finalised, which could affect the credentials of the petitioner for consideration of his appointment to the post of Director, the petitioner filed an Original Application before the Tribunal to seek finality to the disciplinary proceedings.
(3.) The learned Tribunal directed the respondents to finalise the disciplinary proceedings. Since the proceedings were still not finalised, the petitioner a contempt petition and during the pendency thereof on 1 4.4.2002 (Annexure P.11), reasons of disagreement, disagreeing with the findings of the Inquiry Officer were communicated to the petitioner. The petitioner submitted his representation on the said reasons of disagreement and after considering such representation on the basis of the recommendations of the Central Vigilance Commission, an order of punishment of compulsory retirement was passed on 6.6.2002 (Annexure P.13 ). It is the said order, which was made subject matter of challenge before the learned Tribunal.;