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CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No.2228 of 2016
Orders reserved on : 07.12.2018
Orders pronounced on : 20.12.2018
Hon’ble Ms. Nita Chowdhury, Member (A)
Hon’ble Mr. S.N. Terdal, Member (J)
Sanjeev Kumar, aged – 47 years,
S/o Sh. Om Prakash,
Working as P.G.T. (Math),
In S.B.V., E-Block,
Nand Nagar, Delhi-93.
R/o G-I/861, Extension I,
Shalimar Garden, Shaibabad
Ghaziabad (U.P.).
....Applicant
(By Advocate : Shri Yogesh Sharma)
VERSUS
1. Govt. of NCT of Delhi through,
The Chief Secretary,
I.P. Estate, Players Building,
New Delhi.
2. The Secretary (Education),
Directorate of Education,
GNCT of Delhi,
Old Secretariat, New Delhi.
3. The Director,
Directorate of Education,
GNCT of Delhi,
Old Secretariat, New Delhi.
4. Deputy Director of Education,
District North East,
G.N.C.T. of Delhi,
Yamuna Vihar, Delhi.
.....Respondents
(By Advocate : Ms. Sangeeta Tomar)
2
ORDER
Ms. Nita Chowdhury, Member (A):
2. By filing this OA, the applicant is seeking the following
reliefs:-
“(i)
That the Hon‟ble Tribunal may graciously be
pleased to pass an order of quashing the
impugned the order dated 17.7.2015(Annex.A/1),
appellate
authority
order
dated
13.6.2016
(Annex.A/2),
charge
sheet
dt.
25.3.2013
(Annex.A/3), IO report (Annex.A/5), and entire
proceedings, declaring to the effect that the same
is illegal, arbitrary and against the principle of
natural justice and consequently, pass an order
directing
the
respondents
to
grant
all
the
consequential benefits deeming no charge sheet
was issued to the applicant including arrears of
difference of pay and allowances with interest.
(ii)
That the Hon‟ble Tribunal may further graciously
be pleased to pass an order directing the
respondents to treat the entire suspension period
as on duty for all the purposes.
(iii)
Any other relief which the Hon‟ble Tribunal deem
fit and proper may also be granted to the
applicants along with the costs of litigation.”
3. The brief facts of the case as stated in the OA are that a
departmental enquiry was initiated against the applicant –
PGT vide Memorandum dated 25.3.2013 on the following
article of charges:-
“ARTICLE-I
Sh. Sanjeev Kumar, PGT (Math), SBV E-Block Nand
Nagri, Delhi, failing to attend his assigned duty on
15.12.12 at 8.00 am in conduct local tour despite the
direction of the HOS and as such the HOS had to faced
serious chaotic situation to manager the programmed
specially your class.
The above said act of disobey dinction and lack of his
duty is gross misconduct on his part.
3
Thus the above said Act of omission and commission is
gross misconduct on the part of Sh. Sanjeev Kumar,
PGT (Math), SBV E-Block Nand Nagri, Delhi, and
unbecoming of a Govt servant is violation sub rule 1 of
3 of the CCS (Conduct) Rules 1964.
ARTICLE-II
Sh. Sanjeev Kumar, PGT (Math), SBV E-Block Nand
Nagri, Delhi had tampered the teacher attendance
register by overwriting on the special leave on 20/12/12
while he reported for his duty at 4: pm.
Thus the above said Act of omission and commission is
gross misconduct on the part of Sh. Sanjeev Kumar,
PGT (Math), SBV E-Block Nand Nagri, Delhi, and
unbecoming of a Govt servant is violation sub rule 1 of
3 of the CCS (Conduct) Rules 1964.
ARTICLE-III
Sh. Sanjeev Kumar, PGT (Math), SBV E-Block Nand
Nagri, Delhi failed to take his block classes for class XII
(Math) from 12:00pm to 1:00 pm 20/12/12 as per time
of block teaching.
Thus the above said Act of omission and commission is
gross misconduct on the part of Sh. Sanjeev Kumar,
PGT (Math), SBV E-Block Nand Nagri, Delhi, and
unbecoming of a Govt servant is violation sub rule 1 of
3 of the CCS (Conduct) Rules 1964.
ARTICLE-IV
Sh. Sanjeev Kumar, PGT (Math), SBV E-Block Nand
Nagri, Delhi failed to prepared and maintained teacher
diary and got it signed by the HOS from time to time
while the maintain of the record in time is mandatory
for
