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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
All India Institute of Medical Sciences – Appellant
Versus
S. P. Vashisht – Respondent
JUDGMENT
Anoop Kumar Mendiratta, J.
1. The challenge in this writ petition is to an order dated February 03, 2016 passed by the Central Administrative Tribunal (hereinafter referred to as the `Tribunal') whereby the charge-sheet issued by the petitioner against the respondent herein has been held to be void ab initio along with action taken by the petitioner against the respondent on the charge-sheet, including the inquiry report as well as the punishment order dated July 18, 2013 imposing the penalty of compulsory retirement. However, the petitioner has been given liberty to initiate fresh disciplinary inquiry against the respondent by following the procedure under CCS (CCA) Rules, 1965 and in terms of law laid down by the Hon'ble Supreme Court in Union of India v. B.V. Gopinath, (2014) 1 SCC 351.
2. (i) In brief, as per the case of the petitioner, Shri S.P. Vashisht (respondent) was appointed to the post of Hawaldar in All India Institute of Medical Sciences (AIIMS) on September 27, 1983 and subsequently promoted to the post of Sanitary Officer. On the basis of a surprise check by the Central Bureau of Investigation (CBI), ACB, New Delhi at the main hospital store and C.N. Centr
Charge memorandum issued without prior disciplinary authority approval is non est; post-facto ratification invalid where statute mandates prior approval before issuance.
Disciplinary charge-sheet must be issued by authorized officer as per regulations; prior approval insufficient if not signed by Director on behalf of competent authority for Group ‘A’ employees, rend....
Charge memo for major penalty must be approved by competent disciplinary authority; issuance by minor penalty authority without approval vitiates proceedings.
Charge sheet upheld where Disciplinary Authority approved via file notings with application of mind; natural justice requires supplying relied-upon documents; proceedings abeyed pending review post-d....
Non-est proceedings cannot be validated by ex-post facto approval.
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