402 C b rlWPNo 8123of2009 11 0 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP N 8123 of2009 DateofDecisionl December 2009 1 LN Yadav 1eeeetitioner C Versus 0 C Mr Dev Kishan Saini andothers 40 I CORAM HONBLE MR JUSTICE FIEMANT GUPTA Z 1 HONBLE MR JUSTICE JORA SlNGH tr 08 1 a Whether Reportersof local papers maybe allowed to see the 2To be referredto the or not W2 3 Whetherthejudgment should be reported ln theDigest Z Qm Presentl Shri LN Yadav in person Shri RC Sharma Advocate for the HEMANT GUPTA J Orall Challenge in the presentwrit petitionis to the order dated 22009 Annexure P 9 passedby the Central Administrative Tribunal Bench for short the Tribunal1 The petitioner has the order of penaltyof removal from 111 service dated 273 003 and the order 111 appealdated 20 l 2003 beforethe Tribunal Radhika 2014.04.02 13: 12 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:55 I attest to the accuracy and integrity of this document 403 y WP No 8123 of2009 121 The learned Tribunal has dismissed the petitionon the that earlier the has challengedthe said orders of penaltyby way of Original No 1253HR of 2003 The samewas dismissed on 382004 A review to seek review ofthe aforesaidorder was also dismissedon l A2005 m The Tribunal has consideredthat the petitioner has filed r 0 CWP No15381 of 2008 before this Court which was dismissed as C withdrawn with libertyto move the Tribunal Jt was found by the C5 Tribunal that dismissalofthe writ petitionwith libertyto approach the Tribunal does not mean a directionbytheHighCourt for fllinganother Z beforethe Tribunal Learned Tribunal also examinedthe meritsofthe order anddid not find any substance in the I oll contentiollS and dismissedthe application for the reason that the petitioner cannot be allowed to seek the same relief afresh m Z which has beenearlier deniedto him tl Since the petitioner is in person we havesent for the record of CWP No 15381 of 2008 to examine the contentions raisedbythe petitionerIn the said wrlt petitionthe petitioner hasnot disclosed that he has the order of before the Tribunal ancithat the same was dismissed He has also not disclused that even review application standsdismissed Thoughwe are of the oplnlon that the petitioner has concealedthe materialfacts while filing Ill CWP No 15381of2008 OI1 2982008 but keepingin view the fact tllat the petitioner is appearing in person we do not wish to proceed Radhika 2014.04.02 13: 12 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:55 I attest to the accuracy and integrity of this document 404 9 No 8123 of2009 131 anyfurther The fact remainsthattheOriginal filed bythe challenging the order of removal stands dismissed in the year2004 Even the review has been dismissed The cannot be to reagitatethe same issues in a m Thoughit is not arguedby the but we have examinedthe questionof legalityof the order passedin Original 0 C No 12534IR of 2003 on 382004 The earlier writ I C petition before this Court was filed on 2982008 1 after more than I three years of the dismissal of the review The said writ Z petitionthoughdoes not disclose about the order passedby the Tri bunal but even if such order was available the said writ petitlon I suffersfrom delayand laches 08 The has soughtto disputethe order of reInoval 7 by the authority on numerous other grounds Z However aIl such argumentspertainto the merits of the charges levelled againstthe petitionerNone of the argumentsraised by the relates to the decision makingprocess It could not be pointed out that there is any violation ofthe principles ofnaturaljustice in the inquiryagainstthe petitionerTherefore while exerclsing the power of judicialreview over the orderspassedbythe disciplinaryauthoritythe Tribunal or for that matter this Court Y cannot interferewith the misconductunlessit could be pointed out that thereis infraction of any Rules Instructionsor the principles of natural Radhika 2014.04.02 13: 12 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:55 I attest to the accuracy and integrity of this document 405 04 JUSt 4J Pe Ilas from no erit anyang H7eflndthat theWrit I4 Il 4 5 0 C J o 4ee2 ds 7 2009 rV 4 W 52 r W er O W 0 S9 4 l4 r 1k7 44 J Radhika 2014.04.02 13: 12 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:55 I attest to the accuracy and integrity of this document