LAWS(CA)-2003-4-5

SHER SINGH Vs. UNION OF INDIA

Decided On April 29, 2003

JUDGEMENT

(1.) SHRI Sher Singh has filed this application under Section 19 of the Administrative Tribunals Act, 1985, and has sought the following reliefs:

(2.) As may be succinctly put, the factual matrix of this case is that the applicant was Vice President of 6 FOD Employees Union and while working on the post of Senior Store Keeper, was placed under suspension on 19.11.1991. Another order to this effect was also issued on 25.11.1991 (Annexure A/6). He was issued with a charge sheet vide Memo dated 31.1.1992 alleging violation of Rule 11 of CCS (Conduct) Rules, 1964. He denied the charges and explained the whole position in reply to charge sheet. An inquiry was conducted and the applicant was supplied with a copy of inquiry report by the Disciplinary Authority vide letter dated 20.4.1998. A representation was made against the findings of Inquiry Officer, after seeking a clarification that letter dated 8.8.1998 did not relate to him.

(3.) THE further case of the applicant is that he preferred an appeal dated 1.3.2002 to the 2nd respondent pointing out clearly that he wrote the letter dated 1.9.1991 in the capacity of Vice President of the Union and a citizen of country as it was his fundamental duty to save the property of nation. Presenting Officer acted as a witness and the Inquiry Officer cross examined him and there was violation of principles of natural justice. He was asked to explain the reasons for delay in filing of appeal. He explained the same as well as the whole position of the case. But, the appeal has been rejected vide impugned order dated 19.6.2001 (Annex. A/5).