- (1.) This is a writ petition filed by the applicant of O.A.No 44 of 2002 under article 227 of the Constitution of India against the order dt 28.5.2003 passed by Central Administrative Tribunal (for short hereinafter called the Tribunal) in the aforementioned original application.
(2.) By impugned order, the Tribunal dismissed the original application of the writ petitioner and upheld his dismissal order. So the questions that arise for consideration in this writ petition is whether Tribunal was justified in dismissing the original application of the writ petitioner thereby justified in upholding his dismissal order that was impugned by him in the said O.A.
(3.) The writ petitioner was in the employment of Air Force on the post of cable jointer. He was served with charge sheet that contained following charges: Statement of imputation of misconduct or misbehaviour in support of each article and charge. ARTICLE I That the said MES-370028 Sh Raj Kumar, Cable Jointer while functioning as Cable Jointer during the period on 13 Sep 95at 1130 Hrs un-authorisedly entered the office room of Steno of CWE (AF) Bikaner and by threatening him forcefully misused the telephone by making a trunk call to GE (AF) suratgarh for speaking with GE(AF) Surtagarh for his personal interest. In that the said MES=370028 Shri Raj Kumar, Cable Jointer has acted in a manner amounting to gross misbehaviour unbecoming of a Govt. Servant thus violating the provision of Rule 3(1) (iii) of CCS (Conduct) Rules 1964 and is charged with gross misconduct. ARTICLE II That the said MES -370028 Sh. Raj Kumar, Cable Jointer while functioning as Cable Jointer during the period, has been engaging himself in activities prejudicial to the interest and security of the State and has thus failed to maintain absolute integrity hence violating the provision of Rule 3(1)(i) of Ccs (Conduct) Rules 1964. ARTICLE III That the said MES -370028 Sh Raj Kumar while functioning as Cable Jointer during the period has been engaging himself fin cheating and impersonation of way of publishing and writing on a Union Letter paid namely MES Employees Union (INTUC) GE (AF) NAL Bikaner office, indicating the name of Hon'ble Sh. Manphool Singh Bhadoo, Member of Parliament as SANRAKSHAK and by writing his own name as ADHYAKSH obviously attempting to bring political or other influence to bear upon the superior authy for furtherance of his interest under the Govt and to achieve his ulterior motives. In that the said MES 370028 Sh. Raj Kumar Cable Jointer is charged with Gross conduct violating the provision of Rule 3(1)(i) of CCS (Conduct) Rules 1964. ARTICLE IV In that the said MES 370028 Sh. Raj Kumar, Cable Jointer while under suspension during the period on 25 Jan 96 coased JC-179886 Nb/Sub Subhash Chand, Supdt. B/R II to his resident at Hanuman Htha, Bikaner threatened, manhandled and beat him up with the aim to harass and intimidate the JCO i.e NB/Sub Subhash Chand and subsequently obtained under duress a written undertaking from the above said JCO pertaining to the theft case lodged in the Civil Police vide FIR No. 64 dated 22.3.95 under Section 379 IPC thus exhibiting gross misconduct violating the provision of Rule 3(1)(i) of Ccs (Conduct) Rules 1964 .;