NARESH K GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant in this case has come up to the Tribunal seeking reliefs as follows--

(2.) When the case was heard for admission on the initial date, interim orders were made to the effect that the Respondents are restrained from taking any action on the basis of second CVC report, if the said report is in respect of taking any action against the Applicant.

(3.) THE respondents in the case have filed a written statement of reply, resisting the claims of the Applicant, and taking the stand that the Application is premature and not maintainable and that Respondents have not initiated, presently, any disciplinary action against the Applicant. It is further stated that the Applicant is found to have committed misconduct under the relevant Conduct Rules and is therefore liable to fact the consequences of his actions, including disciplinary proceedings. Promotions cannot be provided to an officer on technical grounds that departmental proceedings are not formerly instituted and, therefore, when the Railway Servant's conduct is under scrutiny, promotions cannot be provided.