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RAVI MALIMATH, VISHAL MISHRA
Balwant Rai – Appellant
Versus
Union of India – Respondent
ORDER
1. Aggrieved by the order dated 6.8.2013 passed by the Central Administrative Tribunal, Jabalpur in dismissing the Original Application No.681 of 2009, the applicant therein has filed the present petition.
2. The case of the petitioner is that when he was working as an Administrative Officer, he was issued a charge sheet dated 22.12.1995. The same was challenged by filing Original Application No.449 of 1996 before the Central Administrative Tribunal, Jabalpur, which was disposed off vide order dated 19.2.2002. The writ petition filed against the said order in W.P. No.477 of 2003 was disposed off vide order dated 24.1.2003 with the liberty to the writ petitioner to seek review of the order of the Tribunal. Thereafter, Review Application No.2 of 2003 and Original Application No.449 of 1996 were allowed by the Tribunal vide order dated 28.3.2003. The disciplinary proceedings against the petitioner were quashed with a liberty to the respondents to proceed from the stage of the charge sheet. The said order was upheld in W.P. No.1958 of 2003 filed by the respondents-Union of India. Thereafter, a charge sheet was issued on 2.6.2006, namely, three years after the order was passed by th
A charge sheet issued without prior approval of the competent authority is invalid and cannot be ratified by subsequent approval.
The issuance of a charge sheet more than four years after the incident violates Rule 9(2)(b)(ii) of the CCS (Pension) Rules, leading to its dismissal.
The veracity of charges in a charge-sheet is the domain of the disciplinary authority, and a writ petition is generally not maintainable against a charge-sheet.
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