TMI Blog1982 (8) TMI 226X X X X Extracts X X X X X X X X Extracts X X X X ..... 4-Spl GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING, Dated New Delhi-1, the 10th September, 1974. ORDER WHEREAS an Inquiry under Rule 14 of the Central Civil Service (Classification, Control Appeal) Rules, 1965 was held against Shri S.K. Majumdar, former Projectionist. Field Exhibition Unit, Gauhati in respect of the following charges: (i) that he in connection with exhibition at Hojai, intentionally showed false attendance of the workers engaged in the exhibition in the muster rolls and there by facilitated showing of Inflated payment of ₹ 230.50 and; (ii) that be in connection with the exhibition at Haflong. Nowgong. Hojai and Karimganj, wrongfully arranged the transportation of exhibition mater ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s attached to the field Exhibition Office under the (SIC) of Advertising and visual Publicity, Ministry of nation and Broadcasting and was posted at Gauhati at the (SIC) time. On 25.1.68/4.2.68, the Petitioner was placed under (SIC) on the ground that a Departmental proceeding was templated against him by order of Respondent No. 3, being 1/9/67 v. dated 25.1.68/4.2.68. Consequently the Articles of argee were issued against the Petitioner and they read as under: That the said Shri S.K. Mazumdar, while functioning as Projectionist at Field Exhibition Unit, Gauhati during 1967 did not maintain absolute integrity and devotion to duty inasmuch as: 1. He, in connection with expenditure of holding exhibitions at Hojai Intentionally showed fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (SIC) rules, the appellate authority shall consider. (a) Whether the procedure laid down in these rules has been complied with and if not, whet-her such non-compliance has resulted in the Violation of any provisions of the Constitution of India or in the failure of justice; (b) Whether the findings of the disciplinary authority are warranted by the evidence on record; and, (c) Whether the penalty or the enhanced penalty imposed is adequate, inadequate, or severe ; (SIC) pass order- confirming, enhancing, reducing, or setting aside the penalty ; or (ii) remitting the case to the authority which imposed or enhanced the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthority is to dispose of the appeal and decide the matter between the parties. In this case, clearly the appellate authority has not done anything in the matter in conformity with the provisions of Rule 27 of the Rules. In the penultimate paragraph of the impugned order, the appellate authority has simply said: And WHEREAS the said appeal has been examined carefully by the undersigned and he finds no justification to interfere with the decision already taken in the matter by the Disciplinary Authority , This is not the way how the appeal should have been disposed of by the appellate authority. 5. A similar question of law came up for consideration by a Division Bench of this Court in Pashupati Banerjee v. Deputy Engineer (North), Nor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matters mentioned in the rule, and in the light of these, I decide the appeal. Even if there had been no rules, I should have thought that the demand of natural justice was that the points raised in the memorandum of appeal should have been properly considered and due weight given by the appellate authority has disposed of the appeal amounts to no consideration of the appeal at all. (SIC) are in respectful agreement with the above observation (SIC) Division Bench of this Court and we find that in the (SIC) band also the appellate authority did not consider the (SIC) its proper perspective giving due weight on the grounds (SIC) in the appeal by the Petitioner. We are clearly of opinion that the appellate order im(SIC) before us is n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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