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ANITA SUMANTH, G. ARUL MURUGAN
Union of India Rep by its Secretary, Ministry of Finance, Department of Revenue Central Board of Direct Taxes, North Block, New Delhi – Appellant
Versus
G. Vathsala – Respondent
ORDER :
ANITA SUMANTH, J.
Prayer : Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records relating to the order dated 04.11.2017 made in O.A. No.1119 of 2014 on the file of the 3rd Respondent Tribunal.
The respondent / R1 in the Original Application, was one Mr.T.Goraknathan. While working as Commissioner of Income Tax, in the Income tax Department, he had been issued with a charge memorandum on 23.05.06 in terms of the Central Civil Services (Classification, Control & Appeal) Rules, 1965 ('Rules').
2. The charge was to the effect that he had passed appellate orders in favour of seven assessees without proper examination of issues conferring undue benefit to those assessees with malafide intent. He had thus failed to maintain absolute integrity and devotion to duty, acting in a manner that was unbecoming of a Government servant.
3. R1 approached the Central Administrative Tribunal ('Tribunal / CAT') seeking to quash charge sheet dated 28.05.06 but failed as the Tribunal by order dated 20.11.06 directed the Department to conclude the enquiry under the charge memo, expeditiously.
4. Post enquiry, the charges were held to
A charge sheet issued without prior approval of the competent authority is invalid and cannot be ratified by subsequent 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 main legal point established in the judgment is the significance of obtaining approvals for both initiation of disciplinary proceedings and issuance of the charge memo from the competent authorit....
(1) Article 226 should not ordinarily be exercised by quashing a show-cause notice or charge-sheet – In some very rare and exceptional cases High Court can quash a show cause notice or charge-sheet i....
Charge memorandum issued without prior disciplinary authority approval is non est; post-facto ratification invalid where statute mandates prior approval before issuance.
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....
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