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1992 Supreme(SC) 586

L.M.SHARMA, M.M.PUNCHHI, YOGESHWAR DAYAL
Nelson Motis – Appellant
Versus
Union Of India – Respondent


Advocates:
A.K.GOHIL, A.K.SRIVASTAVA, P.S.NARASIMHA, SHILA GOEL, SUSHMA SURI, V.R.REDDY

JUDGMENT

SHARMA, J.:- Special leave is granted.

2. The main question which has been raised in this appeal relates to the interpretation and scope of Rule 10(4) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, and its consequent validity.

3. A disciplinary proceeding was initiated against the appellant on the basis of several charges and an Inquiry was conducted. The Inquiry Officer submitted a report holding that the charges had been proved. The report was accepted by the disciplinary authority who passed an order of removal of the appellant from service on 4-2-1984. The order was confirmed in departmental appeal. The 1983 appellant, thereafter, challenged the order of punishment by an application before the Central Administrative Tribunal which was registered as OA No. 4 01 of 1987. It was contended that since a copy of the inquiry report had not been served on the appellant, the proceeding got vitiated in law. Relying upon an earlier Full Bench decision of the Tribunal the plea was accepted and the application was allowed setting aside the penalty and directing reinstatement of the appellant with the observations that it would be open to the authoritie






















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