The main legal point established in the judgment is that when a delinquent officer makes an unequivocal admission of guilt, no departmental proceedings need to be initiated, and compliance with the principles of natural justice depends on the facts and circumstances of each case.

( 1 ) THIS writ petition has been filed by the petitioner herein for setting aside a judgment and order dated 15th September 2000 passed by the Central Administrative Tribunal, Principal Bench, in OA 427/98 whereby and whereunder the Original Application filed by the respondent herein questioning an order dated 30th September 1996 in terms where of he was compulsorily retired from service by way of punishment and the order of the appellate authority dated 26th February 1997 rejecting his appeal was dismissed.

( 2 ) THE factual matrix of the matter is as linden.

( 3 ) THE petitioner was a postman. A report was published in daily newspapers with photographs showing thousands of letters unattended on the road. Upon enquiry, it was revealed that the respondent was entrusted to deliver the said bag of mails. Upon further enquiry, it was revealed that the respondent had been carrying on such practice for about two years. He was, therefore, placed under suspension and a disciplinary proceeding in terms of Rule 14 of the CCS (CCA) Rules 1965 was initiated. On 29th September 1996, a written statement of defence was submitted by him wherein he admitted his guilt and lapse in clear and unequivocal terms. On the basis of his admission, the afore-mentioned punishment was imposed. The petitioner preferred an appeal thereagainst which was dismissed by an order dated 26th Febrary 1997. The Original application was filed by the petitioner questioning the afore-mentioned order.

( 4 ) THE learned Tribunal, inter alia, proceeded on the basis that despite the fact that the respondent has made a confession about his guilt, no punishment could have been imposed without initiating the disciplinary proceedings. The learned Tribunal observed:

"8. We have gone through the respondents reply and find that beyond merely stating that the relevant rules have been followed by them and denying the contentions of the applicant in general terms and referring briefly to the statement of a couple of witnesses (who had not been cross-examined), the respondents have not come out with anything that could convince us that the requirements of natural justice were properly and fully met in this case and that the relevant rules forming part of the ccs (CCA) Rules were consciously and effectively followed in letter and in spirit. In our view, the least that could have been done by the respondents was to allow the applicant to cross-examine the persons whose written statements were heavily relied upon and accepted in support of the charge memo, and to show to him the bags and other articles found on the spot. As a result, the departmental proceedings, in our view, suffer from the various weaknesses and deficiencies pointed out by the applicant and in the circumstances, we do not find it possible to sustain the punishment order nor consequently the appellate authority s order.

( 5 ) IN the afore-mentioned situation, the Original Application was allowed in part directing reinstatement of the respondent with liberty to the petitioner herein to conduct departmental proceedings in terms of the Rules.

( 6 ) HAVING heard the learned counsel for the parties, we are of the opinion that the impugned order cannot be sustained.

( 7 ) A full fledged enquiry in terms of Rule 14 is required to be conducted when the charges are denied, but if a delinquent officer makes an unequivocal admission of his guilt, no departmental proceedings need be initiated.

( 8 ) THE unofficial English translation of the statement of defence of the respondent is in the following terms:

"humbly stated that I am giving this reply in reference to your charge levelled vide your letter No. F. 1 -29/96 dated 17-9- 96. I request with folded hands that I may be excused for the mistake which occurred inadvertently. In future I will not commit any mistake even if I may have to carry any amount of work load. I request your honour with folded hands that I have six small children. Taking pity on them and me I ma