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1992 (3) TMI 343 - SC - Indian LawsWhether Tribunal correct to restrain appellant from proceeding further with the disciplinary proceedings against the respondent in terms of the charge-sheet filed by the appellant and directed that in case the commuted value of the pension payable to the respondent was refunded, the respondent should be paid the full value of the pension from the due date including the arrears pending the proceedings? Held that:- In a case like this the tribunal, we feel, should have been very careful before granting stay in a disciplinary proceeding at an interlocutory stage. The imputations made against the respondent were extremely serious and the facts alleged, if proved, would have established misconduct and misbehaviour. It is surprising that without even a counter being filed, at an interim stage, the tribunal without giving any reasons and without apparently considering whether the memorandum of charges deserved to be enquired into or not, granted a stay of disciplinary proceedings as it has done. Considering all the facts and circumstances of the case, we direct that a copy of this order should be forwarded to the Chairman of the Central Administrative Tribunal so that he may consider whether further hearing of the application made by the respondent should be proceeded with by a bench presided over by him or a Bench other than the one which has passed the impugned order. We do not intend to cast any aspersions on the members of the tribunal who have passed the order, in the absence of more concrete material. But we certainly feel that in the facts and circumstances it is desirable that the same Bench of the tribunal should not proceed with further hearing of the application. Appeal allowed.
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