L S PATIL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an application under Section 19 of the Administrative Tribunals Act, 1985 to quash and set aside the order dated 30.12.1997 passed by Respondent No. 2 and 20.8.1998 passed by Respondent 1 with the direction to them to reinstate the applicant in service with full back wages and all the consequential benefits entitled there to.

(2.) The applicant who was serving as Lower Division Clerk in the office of CTA Naval Dock Yard, Mumbai was served with charge sheet dated 11.2.1997 by Personnel Manager for Admiral Superintendent (Exhibit 3, OA page 41 to 45) asking the applicant to submit his defence within ten days. The applicant vide letter dated 8.3.1997 (Exhibit 4, OA page 46) sought time to file reply in a couple of weeks. The Rear Admiral Admiral Superintendent vide his order dated 26.3.1997 (Exhibit 5, OA page 47) and order dated 30.4.1997 (Exhibit-7 OA page 49) appointed an Enquiry Officer and Presenting Officer respectively. The Enquiry Officer proceeded with the enquiry and the applicant participated in the enquiry. The Enquiry Officer submitted his report to the Rear Admiral Admiral Superintendent. The Disciplinary Authority Commodore--Chief Staff Officer, P & A received the report of Enquiry Officer, after serving the said report on the applicant held the applicant guilty of the charges levelled against him vide his order dated 30.12.1997 and awarded the penalty--removing the applicant from service. The applicant preferred an appeal against the said order which was decided vide order of the Appellate Authority Vice Admiral--Flag Officer Commanding in Chief dated 20.8.1998 (Exhibit 2, OA page 34) upheld the order of Disciplinary Authority.

(3.) WE may also refer to one of the grounds raised by the applicant that after closer of the evidence by the departmental authority the applicant was not examined by the Enquiry Officer which is a denial of principle of audi alteram.