PRADEEP NANDRAJOG, J. - (1.) The petitioner joined service as LDC under the Union of India and earned promotion to the post of UDC and therefrom to the post of Section Officer. The petitioner is a member of Scheduled Caste.
(2.) The problem commenced when the petitioner was posted in Jodhpur at the Desert Medicine Research Centre. One Dr.Ramesh Chandra Sharma was the Dy.Director and Officer Incharge of the said Medicine Centre. Acting as the disciplinary authority Dr.Ramesh Chandra Sharma instituted major penalty proceedings against the petitioner by issuing a charge-sheet and holding an enquiry, resulting in a penalty of compulsory retirement being inflicted upon the petitioner on 27.12.2006. The appeal filed resulted in partial success when vide order dated 28.5.2007 the appellate authority reduced the penalty from one of compulsory retirement to reduction in the lower stage for a period of 3 years. The petitioner challenged the penalty as modified by the appellate authority before the Central Administrative Tribunal. O.A.No.108/2008 filed by the petitioner was allowed. Vide order dated 5.5.2011 the Central Administrative Tribunal quashed the penalty levied.
(3.) In the meanwhile one Dr.A.P.Dass took over additional charge of the Medicine Centre and approved initiation of disciplinary action by approving a charge-sheet, which as per the petitioner, was on the same facts for which earlier charge sheet was issued and penalty levied which was set aside by the Central Administrative Tribunal. No fresh charge-sheet was served upon the petitioner and instead he was compulsorily retired under FR 56(j) vide order dated 3.2.2009. Challenge thereto before the Central Administrative Tribunal has resulted in a failure. Vide impugned order dated 4.7.2016 the Original Application filed by the petitioner has been dismissed. The impugned decision has noted a large number of judgments on the subject of exercise of power under Rule 56(j) of the Fundamental Rules, but regretfully has bothered to note the relevant facts.;