JUDGMENT :

SANJAY KISHAN KAUL, J.

1. The respondent joined the Department of Posts as Postal Assistant in the year 1991 and earned his promotion from time to time to Assistant Superintendent of Posts in the year 2008, a Group-B Gazetted cadre post. A charge memo bearing No. Vig/105/10 dated 13.04.2010 (hereinafter referred as “the Memo”) was issued to him by the Disciplinary Authority, Department of Posts under Rule-14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred as “the 1965 Rules”). The Memo enumerated 9 charges. Suffice to say that certain charges related to procedural lapses in discharge of duties while another set of charges dealt with alleged illegal gratification received by way of bribes. Accordingly, violation of duties under the Central Civil Services (Conduct) Rules, 1964 was alleged.

2. The respondent contested the Memo at the threshold itself on the ground that the charges included allegations of bribery and thus had a vigilance angle. As such, it was averred that it could not have been issued without prior approval of the Central Vigilance Officer (hereinafter referred as “CVO”) as mandated by a circular dated 18.01