TMI Blog2012 (5) TMI 692X X X X Extracts X X X X X X X X Extracts X X X X ..... view W.P.M.P. No. 18654 of 2004. The issue involved in this case is as to whether the authority, lower or higher than of the appointing authority, can initiate the proceedings against the delinquent on grounds of alleged misconduct. 2. Facts and circumstances giving rise to this appeal are that: A. Respondent had been working as an Assistant Foreman in the Ordnance Factory, Yeddumailaram, when charge memo dated 8.1.1992 was issued to him on the alleged demand of bribe of Rs.37,000/- and acceptance of Rs.4,150/- on 3.8.1991 in cash from the representative of firm M/s Teela International Limited, Hosur, Bangalore. B. Aggrieved by the said charge memo, respondent preferred O.A. No. 1641 of 1995 before the Central Administrative Tribunal, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 5. It is permissible for an authority, higher than appointing authority to initiate the proceedings and impose punishment, in case he is not the appellate authority so that the delinquent may not loose the right of appeal. In other case, delinquent has to prove as what prejudice has been caused to him. (Vide: Sampuran Singh v. State of Punjab, AIR 1982 SC 1407; Surjit Ghosh v. Chairman and Managing Director, United Commercial Bank Ors., AIR 1995 SC 1053; Balbir Chand v. FCI Ltd. Ors., AIR 1997 SC 2229; and A. Sudhakar v. Postmaster-General Hyderabad Anr., (2006) 4 SCC 348). 6. In Inspector General of Police Anr. v. Thavasiappan, AIR 1996 SC 1318, this Court reconsidered its earlier judgments on the issue and came to the conclu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... linary authority thereon. In case the chargesheet is challenged before a court/tribunal on the ground of delay in initiation of disciplinary proceedings or delay in concluding the proceedings, the court/tribunal may quash the chargesheet after considering the gravity of the charge and all relevant factors involved in the case weighing all the facts both for and against the delinquent employee and must reach the conclusion which is just and proper in the circumstance. (Vide: The State of Madhya Pradesh v. Bani Singh Anr., AIR 1990 SC 1308; State of Punjab Ors. v. Chaman Lal Goyal, (1995) 2 SCC 570; Deputy Registrar, Cooperative Societies, Faizabad v. Sachindra Nath Pandey Ors., (1995) 3 SCC 134; Union of India Anr. v. Ashok Kacker, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al order imposing the punishment or otherwise adversely affecting a party is passed, it may have a grievance and cause of action. Thus, a chargesheet or show cause notice in disciplinary proceedings should not ordinarily be quashed by the Court. (Vide : State of U.P. v. Brahm Datt Sharma, AIR 1987 SC 943; Executive Engineer, Bihar State Housing Board v. Ramesh Kumar Singh Ors., (1996) 1 SCC 327; Ulagappa Ors. v. Div. Commr., Mysore Ors., AIR 2000 SC 3603 (2); Special Director Anr. v. Mohd. Ghulam Ghouse Anr., AIR 2004 SC 1467; and Union of India Anr. v. Kunisetty Satyanarayana, AIR 2007 SC 906). 12. In State of Orissa Anr. v. Sangram Keshari Misra Anr., (2010) 13 SCC 311, this Court held that normally a chargesheet is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... linquent employee and competent to impose the penalty referred to under the statutory rules. The chargesheet had been issued by the authority subordinate to him. Thus, the same was not issued by the competent authority. 15. The said judgment and order of the Tribunal shows that the present appellants were not represented nor any argument had been advanced on their behalf as neither name of the counsel for the appellants has been mentioned rather the space is left blank, nor any reference to his argument had been made. The appellants filed a review petition according to which the order had been passed by the Tribunal without giving an opportunity to the appellants to file a detailed counter affidavit and a plea had been taken that the auth ..... X X X X Extracts X X X X X X X X Extracts X X X X
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