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2017 (8) TMI 1570 - DELHI HIGH COURTInitiation of disciplinary proceedings - Disciplinary authority to draw or cause to drawn up the substance of imputations of misconduct or misbehavior into definite and distinct article of charges - whether the ex-post facto approval granted by the Finance Minster to validate the charge-sheet was valid, even if the said permission was not taken at the initial stage when the charge- sheet was issued? HELD THAT:- Papers produced before us show that in the present case at the initiating stage a note was prepared in the two cases setting out the exact charges and insinuations and that the CVC had advised initiation of penalty proceedings. The approval was sought from the Finance Minister for initiation of proceedings. At the same time, approval was also sought for appointment of the inquiry officer and the presenting officer in case oral inquiry was considered necessary. However, subsequently, during the pendency of the disciplinary proceedings in the light of the judgment of the Supreme Court in UNION OF INDIA & ORS. VERSUS B.V. GOPINATH, K.K. KAPILA, SUDHIR RANJAN SENAPATI, S.K. SRIVASTAVA, SHRI H.A. SIDDIQUI, SHRI PAUL GEORGE [2013 (9) TMI 1219 - SUPREME COURT], formal approval was sought from the disciplinary authority for the continuation of the disciplinary proceedings from the current stage as well as the charge memo, which had been issued earlier. The said approval was granted. Petition allowed.
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