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CENTRAL ADMINISTRATIVE TRIBUNAL
UMESH GAJANKUSH, J, SHRI KRISHNA, A
Sunil Kumar Patel – Appellant
Versus
The Union of India – Respondent
| Table of Content |
|---|
| 1. overview of the case and the charge against the applicant. (Para 1 , 2 , 3) |
| 2. discussion on whether the applicant was afforded a fair hearing and due process. (Para 10 , 12) |
| 3. establishment of the limits of judicial review in the context of disciplinary actions. (Para 14 , 15) |
ORDER
Per : Umesh Gajankush, Member (J)
Being aggrieved by the impugned memorandum of charge dated 01.09.2015 (Annexure A-4), Enquiry Report dated 02.09.2016 (Annexure A-6), Disciplinary Authorities punishment order dated 06.12.2016 and the Appellate order dated 19.10.2018 (Annexure A-1), the present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act , 1985.
2. The brief facts of the case are that at the time of issuance of memorandum of charge-sheet dated 01.09.2015, applicant was working on the post of Junior Works Manager, Ordnance Factory, Chanda within the jurisdiction of this Tribunal. While the applicant was serving at Ordnance Factory, Nalanda, a Disciplinary Proceeding was initiated against him. Vide order dated 06.12.2016, the respondent No.2 i.e. the Disciplinary Authority imposed penalty of reduction of pay by one stage in th
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