Bharat Kumar vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 779

ANU MALHOTRA
Bharat Kumar – Appellant
Versus
Union of India – Respondent

Advocates Appeared:
For the Petitioner: Mr. A.K. Bhardwaj, Mr. Yashpal Ranghi, Ms. Jagriti Singh & Mr. Karan Gautam.
For the Respondents: Ms. Suman Chauhan & Ms. Samiksha, Mr. Ghanshyam Joshi & Mr. Chirag Joshi.

JUDGMENT :

Anu Malhotra, J.

1. The petitioner Bharat Kumar, vide the present petition, seeks the setting aside of the following:-

- impugned charge memo dated 02.02.2011;

- the punishment order dated 07.06.2012 passed by the Disciplinary Authority;

- order dated 29.05.2013 of the Appellate Authority;

- and order dated 21.10.2013 of the Reviewing Authority;

and seeks directions to the respondents to reinstate the petitioner in service with all consequential benefits.

2. The respondents arrayed to the petition are the Secretary, Ministry of Agriculture, Krishi Bhavan, New Delhi and the Chairman-cum-Managing Director of State Farms of India Ltd., New Delhi, arrayed as respondent No.1 and respondent No.2 respectively.

3. The Statement of Articles of Charge framed against the Petitioner was in relation to Article of Charge No.1, which was in relation to the petitioner having unauthorizedly absented himself from duty from 27.12.2010 whilst working as an Administrative Officer at the Central State Farm, Bahraich. It has further been stated in the Articles of Charge that it had been reported that the petitioner left the farm on his own will from 27.12.2010 without getting any leave sanctioned from