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2009 Supreme(SC) 1764

R.V.RAVEENDRAN, K.S.RADHAKRISHNAN
D. B. GOHIL – Appellant
Versus
UNION OF INDIA – Respondent


Advocates appeared:
Vishnu Sharma, Advocate, for the Appellant;
Naresh Kaushik, C.S.S. Rao and B.V. Balaram Das, Advocates, for the Respondents.

ORDER

1. The appellant is an Income Tax Officer. A charge-sheet dated 9-3-1999 was issued to him for alleged misconduct. An enquiry was held into the charges and the enquiry officer submitted a report dated 22-11-2000 holding that the charges were not proved. The disciplinary authority disagreed with the enquiry report, and after giving notice to the appellant made an order dated 25-11-2003 imposing the punishment of reduction of pay by four stages for a period of four years with a direction that the appellant will not earn increments during the period of reduction.

2. Feeling aggrieved by the imposition of punishment the appellant approached the Central Administrative Tribunal. Before directing notice, the Tribunal considered the question of maintainability, as the appellant had filed original application without exhausting the remedy by way of appeal. The Tribunal received the application as maintainable by the following order:

"It transpires from the record that the order of the disciplinary authority is being challenged by the applicant without resorting to the remedy of appeal. However, Mr. Kureshi points out that this is the case whereof the disciplinary authority is rather for





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