Disciplinary proceedings must comply with natural justice, allowing charges to be substantiated through witness testimony and access to relevant documents.

ORDER

Per Hon’ble Mr. Suchitto Kumar Das, Administrative Member:

1. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following common relief(s):

“a) To quash and/or set aside the impugned memorandum of charge- sheet dated 06th July, 2020 issued by the Lieutenant Governor, Andaman & Nicobar islands (Disciplinary Authority) against the applicant along with Article of Charges which was communicated to the present applicant vide office order dated 10th July, 2020 being Annexure A-2 of this original application;

b) To quash and/or set aside the impugned office order dated 16th/18th November, 2020 issued by the Lieutenant Governor, Andaman & Nicobar Islands by which a Presenting Officer was appointed to present the case in support of the article of charges who is not the competent authority to deal with because he is holding the Group -B post much below of the rank of the applicant being Annexure A-8 of this original application.

c) To quash and/or set aside the impugned Enquiry Report submitted by the Enquiry Officer dated 24.05.2021 which was forwarded by the Assistant Secretary (Vigilance), to the applicant vide office letter dated 28th June, 2021 being Annexure A-15 of this original application;

d) To declare that the allegations levelled against the applicant in the impugned charge-sheet dated 6th July, 2020 along with Article of Charges are not sustainable on the ground of the impugned Enquiry Report which was conducted where none of the witnesses were appeared and no additional documents were provided to the applicant and since no witness was appeared as per the List of witnesses mentioned in the Charge-sheet, there is no question of making any cross-examination, therefore, such enquiry report cannot be sustainable in the eye of law and the allegations levelled against the applicant are also not sustainable in view of the serious lacuna after conducting the enquiry proceeding and so the impugned charge-sheet and the impugned enquiry report are liable to be quashed and/or set aside in the eye of law and the applicant has to be exonerated from all charges.

e) To declare that any action on the basis of such impugned Enquiry Report and the charge-sheet issued by the respondent authority cannot be sustainable in the eye of law;”

2. While the applicant was posted at Rangat as the Chief Medical Officer, he was served with a major penalty charge sheet on 06.07.2020. He submitted his representation on 23/07/2020. An inquiry was instituted by appointing an Inquiry Officer (I.O.) on 16/11/2010 and a Presenting Officer (P.O.) on 16/18-11-2020. I.O submitted his report on 24.05.2021. I.O’s report was served upon the applicant who replied to it on 12^th August, 2021. Applicant approached the Tribunal by filing this O.A challenging the charge memorandum, appointment of P.O. and I.O. and the Inquiry Report. This Tribunal by its order dated 11.01.2022 stayed the proceedings against the applicant. This order was challenged by the respondents in Hon’ble High Court at Calcutta which directed the parties to approach the Tribunal for expeditious hearing of the case. M.A No. 351/26/2026 has been filed by the respondents to bring on record the Hon’ble High Court’s order dated 12/12/2025 and praying for an early hearing.

3. Applicant has challenged the disciplinary proceedings on the following grounds:

I. While the applicant was discharging duty and function of the post of Chief Medical Officer (NFSG) in the CHC Rangat on the basis of the vague allegations and newspaper's report, a disciplinary proceeding was contemplated vide office order dated 9th May, 2020. On contempla