TMI Blog1998 (7) TMI 717X X X X Extracts X X X X X X X X Extracts X X X X ..... ice by Order dated 19th August, 1985 after regular departmental enquiry. This order was upheld in the Departmental appeal. The order of removal as also the appellate order were challenged by him before the Tribunal on the grounds, inter alia, that neither the charge sheet nor the show-cause notice were ever served upon him and, therefore, the entire proceedings are vitiated. The Tribunal has found that the charge sheet which was issued to him by registered post was returned with the postal endorsement not found , while the show-cause notice was published straightaway in Dainiki Sagar, Navshakti. The Tribunal found the service of the charge-sheet and the show cause notice on the respondent as insufficient and therefore, set aside the Order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to have been served. Service of this notice was sought to be effected on the respondent by publication in a newspaper without making any earlier effort to serve him personally by tendering the show cause notice either through the office peon or by registered post. There is nothing on record to indicate that the newspaper in which the show-cause notice was published was a popular newspaper which was expected to be read by the public in general or that it had wide circulation in the area or locality where the respondent lived. The show-cause notice cannot, therefore, in these circumstances, be held to have been served on the respondent. In any case, since the very initiation of the disciplinary proceedings was bad for the reason that the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m S. Pratap Singh's Judgment (supra) :- It will be seen that in all the decisions cited before us it was the communication of the impugned order which was held to be essential and not its actual receipt by the officer concerned and such communication was held to be necessary because till the order is issued and actually sent out to the person concerned the authority making such order would be in a position to change its mind and modify it if it thought fit. But once such an order is sent out, it goes out of the control of such an authority, and therefore, there would be no chance whatsoever of its changing its mind or modifying it. In our view, once an order is issued and it is sent out to the concerned government servant, it m ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
