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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Pradeep Kumar Sinha – Appellant
Versus
Union of India – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
1. The challenge in this writ petition is to an order dated July 28, 2017, passed by the Central Administrative Tribunal Principal Bench, New Delhi (`Tribunal', in short) in Original Application No.2634/2015 whereby the Tribunal has dismissed the OA filed by the petitioner herein.
2. The challenge in the OA by the petitioner was to an order dated August 29, 2014 passed under Rule 9 of CCS (Pension) Rules, 1972 read with Rule 15 of CCS (CCA) Rules, 1965 imposing the penalty of withholding of 30% of monthly pension, otherwise admissible, for a period of 5 years and also in withholding the entire amount of Gratuity permanently, on the petitioner.
3. The brief facts which are necessary for a decision in the writ petition are that while the petitioner was working as Chief Commissioner of Income Tax-II, Hyderabad, the respondents vide letter dated October 7, 2004 had issued Vigilance Inspection note to him and directing him to submit his reply on the irregularities mentioned therein. The petitioner submitted his reply on November 2, 2004.
4. Pursuant thereto, a Charge sheet dated March 31, 2005, was issued to the petitioner wherein two Articles of
Non-est proceedings cannot be validated by ex-post facto approval.
(1) If there is any default in process of application of mind independently at the time of issue of charge memorandum by Disciplinary Authority, same would not get cured by fact that such approval wa....
The charge-sheet issued by an authority not competent to impose the penalties specified in the rules, without the approval of the competent authority, is void ab initio.
Charge memo for major penalty must be approved by competent disciplinary authority; issuance by minor penalty authority without approval vitiates proceedings.
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