TMI Blog2009 (7) TMI 1384X X X X Extracts X X X X X X X X Extracts X X X X ..... is disposed of. WP(C) No. 10452/2009 and CM No. 9169/2009 3. The Petitioner is aggrieved by an order dated 5th February, 2009 passed by the Central Administrative Tribunal, Principal Bench in OA No. 800/2008. 4. The short question that is involved in this case is whether the charge sheet issued to the Respondent in connection with a disciplinary inquiry was required to be approved by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statement of the imputations of misconduct or misbehavior in support of each article of charge, which shall contain- (a) a statement of all relevant facts including any admission or confession made by the Government servant: (b) a list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained. 6. A perusal of the aforesaid Rule 14(3) ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may also be taken. There is no dispute in so far as this case is concerned, that the disciplinary authority of the Respondent is the Hon'ble Finance Minister. The question, therefore, is whether the approval of the disciplinary authority has been taken for issuance of a charge memo in terms of the Office Order dated 19th July, 2005. 8. Learned counsel for the Respondent has drawn our atten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ady noted above, is the Hon'ble Finance Minister. Therefore, it is quite clear that the approval of the disciplinary authority for issuing the charge memo was never taken by the Petitioners only approval for initiating major penalty proceedings was taken. We have before us three situations: (a) Approval for initiating major penalty proceedings taken from the disciplinary authority. (b) ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
