KISALAY MUKHERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this application filed under Section 19 of the A.T. Act the applicant has challenged the charge sheet dated 28.2.90 issued by the respondent No. 6, the enquiry report dated 27.6.91, the final order passed by the Disciplinary Authority dated 24.9.91 and the appellate order dated 26.2.93 issued by the respondent No. 4. He has prayed for quashing of the aforesaid punishment orders and for payment of the salary withheld as a measure of penalty.

(2.) The background facts are as follows :

(3.) THE respondents have contested the application by filing a reply in which they have stated that the applicant has violated the lawful and valid orders of his superior authority and hence he was placed under suspension and a departmental proceeding was initiated against him and he was given all opportunity to defend himself in the enquiry. On the conclusion of the enquiry, the Disciplinary Authority agreed with the findings of the Enquiry Officer and imposed the punishment against the applicant. However, on appeal the Appellate Authority decided to partly enhance the punishment and he was also gave an opportunity to make representation against proposed enhancement of penalty which he did and finally the Appellate Authority passed the appellate order. It is submitted that the enquiry was conducted according to the rules and there was no violation of the principles of natural justice as alleged by the applicant. THEy have therefore prayed for rejection of the applicant.