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2017 Supreme(Del) 2547

SANJIV KHANNA, CHANDER SHEKHAR
Union of India – Appellant
Versus
A. C. Mathur – Respondent


Advocates Appeared:
For the Appellant : Mr. Ruchir Mishra.
For the Respondents: Ms. Rekha Palli with Mr. Ashish Nischal.

JUDGMENT :

SANJIV KHANNA, J.

1. The impugned order dated 7th July, 2015 passed by the Principal Bench of the Central Administrative Tribunal, New Delhi (Tribunal, for short) allows O.A. No. 3591/2013 and quashes the Memorandum dated 8th November, 2012 initiating disciplinary proceedings for imposition of minor penalty against A.C. Mathur, the respondent, under Rule 16 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (Rules, for short).

2. In short, the Tribunal has held that the respondent was earlier given a recordable warning for the same charge and, therefore, it is impermissible for the petitioners to initiate proceedings against him for minor penalty.

3. The contention of the petitioners is that the memorandum of recordable warning dated 20th July, 2009 is not a “punishment” as per Rule 11 of the aforesaid Rules and hence, the petitioners under the law are entitled to initiate proceedings for minor penalty against the respondent on the same charges.

4. To decide the said controversy, we would first record in brief the relevant facts. The responde



























































































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