Union Of India & Anr vs T.V. Patel

J U D G M E N T CIVIL APPEAL NO. 2067 OF 2007 (Arising out of S.L.P.( C ) No. 11651 of 2005) WITH CIVIL APPEAL NO. 2071,2072, 2068, 2069 OF 2007 (Arising out of S.L.P.(C) Nos. 19594, 26333 of 2005, 8470, 10225 and 12656 of 2006 AND C.A. No. 3628 OF 2006) H.K.SEMA,J.

These appeals preferred by the Union of India arise out of a common question of facts and law and they are being disposed of this common order. The facts are identical. For the sake of brevity we are taking facts from S.L.P (C) No. 11651 of 2005.

The facts in compendium are as follows:

During the inquiry the respondent was given an opportunity of fair hearing and the Inquiry Officer submitted its report holding that the charges were not proved. The Disciplinary Authority disagreed with the report and issued a notice to the respondent providing the reasons for disagreement and calling upon the respondent to make representation, if any, by its order dated 1.4.1999. On 4.5.1999, the respondent made a representation to the said notice. This was rejected.

The Disciplinary Authority, thereafter, sought the advice of the Union Public Service Commission (UPSC) and after considering the advice of the UPSC imposed a penalty of reduction of pay by one stage in the time scale of pay till 30.11.2001, without cumulative effect by an order dated 15.11.2000. A copy of the advice obtained from UPSC was also sent along with the final order of penalty. Aggrieved thereby, the respondent filed O.A.No.96 of 2001 challenging the final order passed on 15.11.2000 before the Central Administrative Tribunal (CAT) Ahmedbad Bench on various grounds. The Tribunal after considering various grounds urged before it, set aside the order dated 15.11.2000 passed by the Disciplinary Authority imposing the penalty. One of the grounds, which persuaded the Tribunal to come to the aforesaid conclusion, is recorded in paragraph 12 of the judgment:

In the view that we have taken we allow these appeals. The orders of the High Court and the Tribunal, to the extent indicated above, are set aside. This takes us to consider as to whether the matter be remitted back to the High Court or the Tribunal to deal with the other various grounds raised by the delinquent government officers.

CIVIL APPEAL ARISING OUT OF S.L.P.(C) NO. 11651 OF 2005 (Union of India & Anr. v. T.V. Patel) The Tribunal had elaborately dealt with the contentions of both sides on merits. The Writ Petition of the Union of India before the High Court also raised many grounds to be dealt with on merits. However, the High Court has only dealt with the question of non-supply of copy of advice tendered by the UPSC before the passing of the order of punishment which has already been dealt with by us. SCA No.17027 of 2004 is now restored to the file of the High Court. The matter is remitted back to the High Court for disposal on merit on other grounds urged before the Court.

CIVIL APPEAL ARISING OUT OF S.L.P.(C) NO. 19594 OF 2005 (Union of India & Ors. v. Avinash Kumar Srivastava) In this case also the High Court dismissed the SCA No. 15316 of 2004 filed by the appellant challenging the order of CAT. The High Court dismissed the writ petition solely on the ground of non-supply of copy of advice tendered by the UPSC to the respondent before the final order was passed. The respondent did not prefer any writ petition before the High Court challenging the order of Tribunal. Many grounds were urged before the Tribunal. However, the Tribunal decided the issue only on ground of non-supply of copy of the advice tendered by the UPSC before the final order was passed. O.A.No.206 of 2004 is restored to the file of the Tribunal and is remitted back to the Tribunal to consider the other grounds urged before the Tribunal.

CIVIL APPEAL ARISING OUT OF S.L.P.(C) NO. 8470 OF 2006 (Union of India & Ors. v. P.K. Saha & Anr.) In this case also the Tribunal has decided solely on the ground that a copy of the advice tendered by the UPSC has not been furnished to the delinquent government servant before the final order was passed. In view of our order, O.A.No.627 of 2000, is now restored to the file of the Tribunal and the Tribunal shall now deal with the other grounds urged before the Tribunal on merits.

CIVIL APPEAL ARISING OUT OF S.L.P.(C) NO. 10225 OF 2006 (Union of India & Ors. v. N.J. Paulose) In this case, both the High Court and Tribunal disposed of the case solely on the ground of non-supply of a copy of the advice tendered by the UPSC before the final order was passed. In view of our order, O.A.No.490 of 2002 is now restored to the file of the Tribunal and the matter is remitted back to the Tribunal, to deal with the other grounds urged before it and pass appropriate orders in accordance with law.

CIVIL APPEAL ARISING OUT OF S.L.P.(C) NO. 12656 OF 2006 (Union of India & Ors. v. V.K. Sajnani) The respondent has challenged the main order before the Tribunal by filing O.A.No.208 of 2002. The Tribunal by an order dated 17.10.2003 considered the entire grounds on merits and dismissed the petition. Aggrieved thereby, he filed SCA No.1071 of 2004 urging many grounds. The Division bench of the High Court by the impugned order set aside the order of the Tribunal solely on the ground of non-supply of copy of the advice tendered by the UPSC before the final order was passed by the authority. The High Court has not decided other grounds urged before the High Court in SCA No.1071 of 2004. In view of our order, SCA No.1071 of 2004 is now restored to the file of the High Court. The High Court shall decide the other grounds urged before the High Court and dispose of the matter in accordance with law. CIVIL APPEAL NO. 3628 OF 2006 (Union of India v. Ashok Kumar Tiwari) In this case, both the High Court and the Tribunal, disposed of the matter only on the ground of non-supply of copy of advice tendered by the UPSC before the final order was passed. In view of our order, O.A.No.271 of 2003, is now restored to the file of the Tribunal and the matter is remitted back. The Tribunal shall consider other grounds urged before it and pass appropriate order in accordance with law. The appeals are allowed in the above terms. No costs.