Disciplinary Authority must adhere to procedural requirements and cannot finalize decisions without UPSC advice and representation from the petitioner.

JUDGMENT

Manmohan, J. (Oral)--The petitions have been heard by way of video conferencing.

2. In pursuance to the last order, both the parties have filed their written submissions.

3. In the respondents' written submissions, it is stated that the Ministry is in the process of sending its enquiry report to the UPSC for its advice after taking approval from the Disciplinary Authority and thereafter, the said advice shall be sent to the petitioner to file his representation. It is further stated that after receipt of the representation of the petitioner, the same shall be placed before the Disciplinary Authority, who will take its decision considering the enquiry report, advice of UPSC and representation of the petitioner.

4. From the aforesaid, it is apparent that no final decision can be taken by the Disciplinary Authority for atleast three months.

5. Since both the parties have filed their short written submissions and the matters have already been directed to be listed by the Central Administrative Tribunal for hearing and disposal in the first week of July, 2021, this Court directs the Tribunal to take up the matters for hearing and disposal on 06th July, 2021 by virtue of physical or virtual mode as may be convenient to it. Learned counsel for the parties assure and undertake to this Court that they shall not seek any adjournment before the Tribunal.

6. The statements made by the learned counsel for the parties are accepted by this Court and the parties are held bound by the same. The Tribunal is directed to dispose of the petitions filed by the petitioner as expeditiously as possible, but not later than three months from today.

7. With the aforesaid direction, present writ petitions and pending applications stand disposed of.

8. The Registry is directed to forward a copy of this order to the Registrar of Central Administrative Tribunal forthwith for necessary information and action.

9. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.