Disciplinary proceedings' validity requires proper authority and cannot be nullified solely due to delay unless prejudice is established.

ORDER

Hon’ble Mr. Rajinder Kashyap, Member (A):

By way of the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985 , the applicant is seeking the following reliefs:-

“(a) Quash and set aside the impugned charge sheet dated 13.9.2022 and impugned office order dt. 13.1.2023 (Annexure A-1, A-2)

(b) To grant any other further relief as deemed fit and proper by this Hon’ble Tribunal in the facts and circumstances of the case along with the cost and expenses of the present litigation.”

FACTS OF THE CASE

2. The applicant was initially appointed as Scientific Officer (SB/Engineer-in SB, Delhi) on 17.11.1989 by National Informatics Centre (in short ‘NIC’) and subsequently promoted to the post of Scientist-D vide order dated 04.01.2018. On a complaint of misconduct against the applicant during the period he was posted in Ministry of Skill Development and Entrepreneurship, the matter was referred to the Central Vigilance Commission by the respondent no.1 seeking its advice and the CVC vide Office Memorandum dated 22.8.2022 (Annexure A-5), tendered its advice.

2.1 Thereafter, the applicant was served a Memorandum dated 13.9.2022 (Annexure A-1) vide which the respondents have proposed to hold an inquiry against the applicant under Rule 14 of the CCS (CCA) Rules, 1965, which includes the statement of articles of charge; statement of imputations of misconduct or misbehaviour in support of articles of charge; list of documents as well as list of witnesses as (Annexures-I to IV respectively), and the applicant was directed to submit his written statement within 10 days of receipt of the said Memorandum as also to indicate whether he desired to be heard in person. The articles of charge framed against the applicant read as under:-

“ARTICLE -I

“That the said Shri Anil Kumar Kashyap, while functioning as Scientist - D in NIC Cell at Ministry of Skill Development & Entrepreneurship (MSDE) had promoted M/s Digiweb Solutions Pvt. Ltd, a company where his wife is one of the Directors, through the Prime Minister Kaushal Vikas Yojana (PMKVY) portal while handling the project of PMKVY in National Skill Development Corporation (NSDC).

Thus, by the above said act, Shri Anil Kumar Kashyap, Scientist - D, has violated Rule 4(3), 3(1)(i(cid:252)) & 3(1)(xv) of CCS (Conduct) Rules, 1964.

ARTICLE- II

That the said Shri Anil Kumar Kashyap, while functioning as Scientist - D in NIC Cell, at Ministry of Skill Development & Entrepreneurship (MSDE) had neither intimated nor obtained permission from National Informatics Centre, Ministry of Electronics and Information Technology- his employer, about his wife’s association with M/s Digiweb IT Solutions Pvt. Ltd.

Thus, by the above said act, Shri Anil Kumar Kashyap, Scientist - D, has violated Rule 4(2)(i), Rule 3(1)(ii(cid:252)) & 3(1)(ix) of CCS(Conduct) Rules, 1964.

ARTICLE - III

That the said Shri Anil Kumar Kashyap, while functioning as Scientist - D in NIC Cell at Ministry of Skill Development & Entrepreneurship (MSDE) had misused his official position by indirectly promoting M/s Digiweb IT Solutions Pvt. Ltd. in connivance with Shri Ritesh Chaurasia by way of subcontracting the work order of National Skill Development Corporation (NSDC) and National Institute of Solar Energy (NISE) through M/s Akal Information Systems Ltd. and M/s Pioneer e-Solutions Pvt. Ltd. to M/s Digiweb IT Solutions Pvt. Ltd. in which Shri Ritesh Chaurasia and the wife of Shri Anil Kumar Kashyap, namely, Smt. Kavita Kashyap were Directors.

By the