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2025 Supreme(Online)(CAT) 4339
CENTRAL ADMINISTRATIVE TRIBUNAL
Kumar Rajesh Chandra, Administrative Member, Rajveer Singh Verma, Judicial Member
Prof. (Dr) Basudeb Das – Appellant
Versus
Union of India – Respondent
MA/051/00028/2014 | MA/051/00582/2024
For the Appellants/Petitioners: Shri Amritansh Vats
For the Respondents: Shri Rajendra Krishna, Sr. SC, Shri Amit Sinha, ASC
Removal of a public officer requires adherence to principles of natural justice and must be based on proper authority; procedural lapses lead to dismissal of the application.
Headnote:(A) Article 311 of the Constitution of India - Principles of natural justice - Requirement of a fair inquiry before dismissal - Removal of the applicant from the post of Director, CIP, Ranchi was held procedural and administrative under competent authority without mala fide motives. (Paras 16, 17)
(B) Union of India through the Ministry of Health and Family Welfare - Removal action not only justified on grounds of transparency but also aligned with principles promoting fair investigation - Show cause notices provided the applicant with adequate opportunity to respond. (Paras 9, 6)
Facts of the case:
The applicant sought quashing of the removal order from Director of CIP, alleging absence of due process and violating Article 311 by lacking a fair hearing, having received successive show cause notices which were not linked to substantive charges against him.
Findings of Court:
The court found the removal justified as administrative, affirming the decision was supported by authority and in interest of fair inquiry regarding the applicant's conduct.
Issues: Key questions included the validity of removal without prior hearing, and the authority under which the applicant was dismissed.
Ratio Decidendi: It was determined that principles of natural justice were respected through provided show cause notices; the competent authority acted within its rights in removing the applicant from the post, ensuring organizational transparency and accountability.
Result: The application dismissed.
| Table of Content |
|---|
| 1. facts regarding removal without just cause. (Para 2 , 3) |
| 2. respondent's arguments for procedural adherence. (Para 6 , 9 , 12) |
| 3. court's findings on administrative action and authority. (Para 14 , 16 , 17) |
ORDER
Per Rajveer Singh Verma, J.M. :-
Instant OA has been filed by the applicant seeking the following relief:-
“(i) For quashing and setting-aside the order dated 20.10.2023 (Annexure-A/10) as contained in order no. A-11019/20/2021- ME/CHS-III, issued under the signature of Under Secretary, Ministry of Health and Family Welfare, Govt. of India (CHS Division), by which the applicant who was posted as Director, Central Institute of Psychiatry, Ranchi (CIP, Ranchi) on regular basis has been removed from the post of Director, Central Institute of Psychiatry, Ranchi with immediate effect, in consequent thereof, the applicant was reverted back to the post of Director- Professor (Psychiatry) at C.I.P, Ranchi, the entire exercise has been carried out without following the due process of law, in violation of principles of natural justice and without approval of the competent authority of the Ministry of Health and Family Welfare, Government of India.
(ii) For issuance of appropriate order(s), direction(s) directing upon the respondents to re-instate the applicant on the post of Director, Central Institute of Psychiatry, Ranchi (CIP, Ranchi) with immediate effect with all consequential benefits.
(iii) For quashing and setting aside the circular dated 14.12.2023 issued under the signature of Under Secretary, Government of India, whereby and whereunder applications have been invited from Senior Administrative Level officers of Teaching and Non- Teaching Sub-Cadre of Central Health Services for selection and appointment as Director, CIP, Ranchi.
AND
In the meantime, during the pendency of this application the circular dated 14.12.2023 be stayed till the disposal.”
2. Brief facts of the case, as per the applicant, are that the applicant was appointed to the post of Assistant Professor, Psychiatry in CIP, Ranchi through UPSC in 2006 and after promotion to various posts thereafter (Annexure A-4 Series and Anenxure-5) was posted as Director, CIP, Ranchi after approval of competent authority on regular basis with immediate effect vide order dated 12.02.2021 (Annexure- 6). Vide letter dated 20.06.2023 (Annexure-7) the applicant was served with the show-cause notice issued by Dy. Director (Medical Education), Directorate General of Health Services, Ministry of Health and Family Welfare whereby the applicant was asked to reply against two allegations with respect to outsourcing of house-keeping services and security guard services. The applicant replied immediately on 23.06.2023(Anneuxre- 7/1) explaining each and every chargeslevelled against him in details. It is also submitted that again two show cause notices dated 22.09.2023 and 17.10.2023 (Annexures- 8 and 9) were served to the applicant with complete different issues and allegationswhich the applicant replied on 27.09.2023 and 20.10.2023 ( Annexures - 8/1 and 9/1) respectively. It is contended by applicant thatall the above three show cause notices are completely unrelated to each other and that neither any chargewas framed against him nor any disciplinary proceeding was initiated against him meaning thereby that the respondent authorities have found the replies to the show cause notices satisfactory and hence thought not to proceed further in the said matters. But to the utter shock and surprise the applicant received an order dated 20.10.2023 (Annexure-A/10)through E-mail at around 4.06 PM issued under the signature of Under Secretary, Govt. of India whereby the applicant has been directed to handover the charge of Director, CIP, Ranchi to Dr. Tarun Kumar immediately and send the compliance report to the Ministry by 5 PM. In compliance of the aforesaid order after handing over the charge of the post of Director, CIP, Ranchi to Dr. Tarun Kumar applicant immediately made a deta
