N K SUROYA IAS RETD Vs. UNION OF INDIA

JUDGEMENT

(1.) BY the present O.A., the applicant prays for the following reliefs:

(2.) The facts of the case in brief, as stated by the applicant, are that the applicant, a retired IAS (AP 62), Officer was served with acharge sheet dated 7.1.97 on the following charges:

(3.) APPLICANT submitted his representations against the inquiry report on 3.7.1998 pointing out therein several irregularities committed during the course of the enquiry. In view of this, the inquiry was remitted back by the disciplinary authority (DA) on 5.7.1999 to hold inquiry at Jaipur limited to the examination and cross-examination of those witnesses who could not deposein the previous inquiry against the applicant but the DA did not modify the charge and the same charge continued in the remitted enquiry also. I.O. vide order dated 23.11,1999 reiterated his findings contained in his report dated 8.4.1998. APPLICANT filed his representation against the second inquiry report inter alia making certain allegations inasmuch as Smt. C.K. Ojha, PW did not appear inspite of several opportunities given to her and hence her earlier statement recorded at the time of investigation cannot be relied upon to prove the second charge. Representation of the applicant as well as the inquiry report were forwarded to UPSC, which by its letter dated 13.3.2001 suggested punishment of 40% cut in pension on permanent basis. Thereafter, DA passed the impugned order dated 14.5.2001 imposing the aforesaid penalty on the applicant. Aggrieved by this, applicant has has filed this O. A. seeking the aforesaid reliefs.