LAWS(CA)-2003-1-4

RAJA RAM VERMA Vs. UNION OF INDIA

Decided On January 10, 2003

JUDGEMENT

(1.) RAJA Ram Verma has filed this original application under Section 19 of the Administrative Tribunals Act and has sought the following reliefs:

(2.) The indubitable facts, as necessary for resolving the controversy involved in this case are, that the applicant was issued with a charge sheet on 23.3.93 under Rule 9 of Railway Servants (Discipline and Appeal) Rules, 1968 (for bravity the Rules). The allegation of charges relate to a vigilance check which was conducted by the Vigilance inspector on 22.12.92. The charge sheet was well in conformity with Rule 9 of the Rules and its sub rules. The Enquiry Officer as well as Presenting Officer were appointed and the detailed enquiry was held on various dates mentioned in para 4.8 of the O.A.

(3.) THE applicant has further averred that there is no rule to issue fresh charge sheet by the disciplinary authority on the same allegations and the applicant protested against the charge sheet vide representation dated 16.12.94. But the respondent No. 2 who was acting under the dictation of Vigilance, referred the matter to the Vigilance for advice and enquiry officer was asked to stop the proceedings. But subsequently, the enquiry officer was asked to proceed in the matter.