TARA CHAND BHATIA Vs. CENTRAL TIBETAN SCHOOLS ADMINISTRATION

JUDGEMENT

(1.) The complaint of the Petitioner in this writ petition is three fold:

(2.) As regards the first complaint, two Charges were framed against the Petitioner in 1987. The first charge was that he disobeyed the official orders of the Head Master and refused to take over the charge of articles of school furniture. The second charge was that he mis-guided the teachers against the Head Master and polluted the school atmosphere In the inquiry he was found guilty initially and on appeal the order was set aside and matter was remanded for fresh disposal. After the fresh inquiry he was found guilty of the first charge when he was exonerated on the second charge, He filed an appeal and the Appellate Authority confirmed the finding of the disciplinary authority but modified the punishment. In the report of the Inquiry Officer which is filed as Annexure P-15, the matter is discussed as follows:

(3.) This report was accepted in toto by the Disciplinary Authority. In the order of the Disciplinary Authority dated 13-1-1989, no reason has been given and there is no discussion with regard to the merits of the case. The Disciplinary Authority has observed that after taking into consideration the finding of the Inquiry Officer and having regard to all the facts and circumstances of the case he was satisfied and agreed with the finding of the Inquiry Officer. On appeal the Appellate Authority has not discussed the matter in any manner but simply observed that he had considered the appeal and after going through the facts of the case came to the conclusion that the Petitioner is clearly found guilty to the charge framed against him. However, the Appellate Authority has set aside that part of the penalty which debarred the Petitioner from promotion for three years while the penalty that the pay should be permanently brought down by three stages was confirmed.