SH FANAI PAHNUNA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE legality and validity as to the initiation and continuance of the proposed enquiry against the applicant under the All India Service (Discipline and Appeal) Rules, 1969 is the core issue raised in this application in the following circumstances:

(2.) The applicant submitted his written statement of defence in March 2001 denying and disputing the charges. The applicant also questioned the jurisdiction of the Disciplinary Authority and also the propriety and legitimacy of the departmental proceeding. By memo dated 1.6.2001 the respondent authority appointed the GDI, Central Vigilance Commission as the Inquiring Authority to enquire into the charges. Hence this application assailing the legitimacy and propriety of the departmental proceeding as well as the continuance of the said proceeding as illegal and ultra vires.

(3.) BEFORE going into the merits of the respective cases it would be appropriate to refer below the statement of the articles of charge framed against the applicant: