2015 Supreme(All) 1637

CENTRAL ADMINISTRATIVE TRIBUNAL
(Allahabad Bench)
BEFORE : MS. JASMINE AHMED, MEMBER (J) AND U.K. BANSAL, MEMBER (A)
KAMAL CHANDRA LOHANI .....Applicant
Versus
UNION OF INDIA AND OTHERS .....Respondents
(Original Application No. 594 of 2013, decided on 7th October, 2015)

Headnote:Administrative Tribunals Act, 1985 – Section 19 – Charge-sheet – Fresh Inquiry/Denovo Inquiry – Inquiry Officer after a detailed inquiry came to its finding that charges alleging against applicant could not be proved but, while disagreeing with report of Inquiry Officer, Disciplinary Authority orderd for fresh inquiry which cannot be sustainable in eyes of law – Tribunal do not find any report has been submitted by Disciplinary Authority before Chairman/Managing Director before ordering for a fresh inquiry in case of applicant, who has already superannuated w.e.f. 31.1.2013 – Impugned order dated 18.4.2013 is quashed – Direction allowed.

       O.A. Allowed.