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2003 Supreme(AP) 755

BILAL NAZKI, ELIPE DHARMA RAO
M. Venkat Reddy – Appellant
Versus
Scientific Advisor to Raksha Mantri and Director General DRDO, Ministry of Defence, New Delhi – Respondent


BILAL NAZKI, J.

( 1 ) AGGRIEVED of the order of the Tribunal in o. A. No. 508 of 1995 the Writ Petition has been filed by the petitioner. The petitioner was placed under suspension on 24-9-1977 and charge-sheet was served on him on 19-10-77. He denied the charges. A Board of enquiry was constituted consisting of lt. Col. R. Swaminathan as Presiding Officer and Sri S. R. Ramaswamy, Scientist as member. The petitioner objected to the appointment of Board of Enquiry and also improper constitution of the Board. In spite of the objection raised by the petitioner enquiry was conducted. The petitioner contended that during the enquiry he requested the Board to summon certain documents but these documents were neither summoned nor furnished to the petitioner on the ground that the documents were not available. The petitioner thereafter filed a Writ being W. P. No. 144 of 1980 before the High Court challenging the jurisdiction of the 2nd respondent to initiate disciplinary enquiry and also challenging the validity of framing of the charges. The High Court set aside the disciplinary proceedings on the ground that the 2nd respondent had ho jurisdiction. The matter was carried to the supreme C





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