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VIVEK KUMAR BIRLA, DONADI RAMESH
Mohammad Sabir – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Donadi Ramesh, J. :
1. Heard Sri Vinod Kumar, learned counsel for the petitioner and Sri Gopal Verma, learned counsel for the respondents.
2. Present petition has been filed aggrieved by the order of Central Administrative Tribunal Bench, Allahabad dated 05.04.2021 in Original Application No. 978 of 2010 (Mohammad Sabir Vs. U.O.I. and Others).
3. The petitioner has filed the original application assailing the order dated 1.4.2010 of the respondents herein. The petitioner while working on the post of Khalasi/Helper in Railways, the respondents have issued a memorandum of charge on 11.9.2008 proposing to initiate major penalty. Consequent on the said charge, an inquiry officer was appointed and the date 15.6.2009 was fixed for inquiry proceedings. On the said date, the petitioner appeared before the inquiry officer and the charge memo was read over to him and his statement was recorded. Thereafter, the inquiry report was submitted by the inquiry officer finding the petitioner guilty of the charges. Based on the above, the disciplinary authority have issued proceedings on 30.11.2009, imposing punishment on the petitioner of his removal from service.
4. Aggrieved by the said orde
Admission of charges obviates the need for further inquiry in disciplinary proceedings.
Unauthorized absence not misconduct without proof of willfulness; compelling circumstances like family illness excuse it.
Judicial review in disciplinary matters is limited to process legality; evidence evaluation remains within the disciplinary authority's purview.
Disciplinary actions must adhere to statutory procedures for fair hearing; non-compliance vitiates the proceedings.
Disciplinary inquiry under 1999 Rules vitiated without oral hearing opportunity to delinquent, even absent proposed witnesses by either side, as implicit in rules for natural justice compliance.
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