SANJIV KHANNA, CHANDER SHEKHAR
Union of India – Appellant
Versus
A. C. Mathur – Respondent
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
Bachhittar Singh vs. State of Punjab and Another
Harbhajan Singh vs. Karam Singh and Others
Indian National Congress (I) vs. Institute of Social Welfare and Others
Mohinder Singh Gill and Another vs. Chief Election Commissioner, New Delhi and Others
Patel Narsi Thakersi and Others vs. Pradhyumansinghji
R.T. Rangachari vs. Secretary of State
Rajesh Kumar and Others vs. Deputy CIT and Others
R.R. Verma and Others vs. Union of India and Others
Shankarlal Aggarwal vs. Shankarlal Poddar
State of Orissa vs. Dr. Binapani Dei and Others
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.