DHIRENDRA CHANDRA DEBNATH Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this O.A., the applicant has challenged the charge-sheet, enquiry proceedings, enquiry report dated 21.12.89 and the order of penalty dated 3/4.7.91. Since during the pendency of the O.A. the appeal filed by the applicant to the authority concerned was rejected, the applicant had amended the O.A. to challenge the appellate order.

(2.) Brief facts of this case are that the applicant while working as Tax Assistant in the office of Income Tax, was served with a charge-sheet under Rule 16 of CCS (CCA) Rules which for ready reference reads as under:-

(3.) THE applicant's Counsel has submitted that since the O.A. was admitted on 16.7.1992, the appeal would have abated under Section 19 (4). THErefore, the appellate order issued on 23.11.1992 without taking leave of the Court is bad in law and not sustainable. Apart from this, the applicant's Counsel had taken another ground during the course of arguments. He submitted that the Disciplinary Authority had exercised the power by issuing the charge-sheet under Rule 16 which could not have been enhanced by the Appellate Authority had no jurisdiction to do so at this stage. Thus, the second charge-sheet is issued against the applicant beyond jurisdiction.