Chief Secretary imposing penalty as Disciplinary Authority when designated as Appellate Authority per delegation, after charge by competent inferior authority, violates procedure and denies natural justice by eliminating appeal forum.

O R D E R

Per: Hon’ble Mr. Suchitto Kumar Das, Member (A):

1. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985,for the following reliefs: -

“a) To quash and/or set aside the impugned Memorandum of Charge-Sheet dated 21st July, 2016 which has been issued by the Secretary (Personnel), Andaman & Nicobar Administration who is not competent authority to issue such memo of charge-sheet as per the CCS (CCA) Rules 1965 and who is not the Appointment Authority of the present applicant being Annexure A-6 of this original application.

b) To quash and/or set aside the another impugned memorandum of charge-sheet dated 24th August, 2017 issued by the Secretary (Personnel), Andaman & Nicobar Administration by disclosing one article of charges without cancelling the earlier Memorandum of Charge-Sheet dated 21 July, 2016 issued by an incompetent authority being Annexure A-7 of this original application which is clearly against the CCS (CCA) Rules, 1965;

c) To quash and/or set aside the impugned ex-parte Enquiry Report dated 12.12.2017 submitted by the so-called Enquiry Officer which was forwarded to the applicant vide office memos dated 1st February. 2018 and 27th February, 2018 being Annexure A-15 of this original application.

d) To quash and/or set aside the impugned penalty order of dismissal from service against the applicant vide office order No. 1349 dated 16th May, 2018 issued by the Chief Secretary, Andaman & Nicobar Administration by violation of the CCS (CCA) Rules 1965 and by violation of the solemn order passed by this Hon'ble High Court at Calcutta, Circuit Bench at Port Blair and when the issue was pending before the Hon'ble High Court to circumvent and to frustrate the grievances of the applicant, such major penalty punishment has been issued against the applicant which is absolutely against the law of the land being Annexure A-19 of this original application.

e) To pass an appropriate order directing upon the respondent authority particularly the Hon'ble Lieutenant Governor, Andaman & Nicobar Islands to allow the statutory appeal preferred by the applicant by setting aside and/or quashing the impugned penalty order of dismissal from service against the applicant vide office order No. 1349 dated 16th May, 2018 issued by the Chief Secretary, Andaman & Nicobar Administration and the applicant be reinstated in service forthwith along with all consequential benefits;

f) To declare that the entire proceeding which has been initiated by the Andaman & Nicobar Administration from the stage of issuing of charge- sheet to imposing major penalty punishment of dismissal from service against the applicant is bad in law and illegal and violation of the CCS (CCA) Rules, 1965 because as an incompetent authority, the Secretary (Personnel) who has no power to issue the charge-sheet has issued the charge-sheet and the Chief Secretary acting as a Disciplinary Authority has issued the major penalty punishment of dismissal from service although he has not issued the charge-sheet and the allegations of the charge-sheet cannot be allowed when the judicial proceeding is pending before the appropriate court of law;

g) To declare that the entire major penalty punishment proceeding initiated by the Andaman & Nicobar Administration against the present applicant when the judicial proceeding is pending before the appropriate court of law is otherwise bad in law and