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2004 DIGILAW 30 (PNJ)

Union Of India v. Gurvinder Singh

2004-01-12

S.S.GREWAL, S.S.NIJJAR

body2004
Judgment S. S. Nijjar, J. 1. We have heard the learned counsel for the petitioners at length and perused the paper-book. 2. Learned counsel for the petitioners has vehemently argued that the recommendation made by the learned Central Administrative Tribunal is beyond jurisdiction. 3. We have carefully perused the record. Respondent No.1 was charge-sheeted for having left the workplace at about 9.25 AM and misbehaved with his senior, on his return to the Tool Room. After appreciating the entire matter, the Tribunal has come to the conclusion that the departmental enquiry had been conducted in accordance with rules of natural justice. In paragraph 6 of the order, it has been categorically noted that in the quest to reach the truth, the Central administrative Tribunal had summoned the entire record concerning the departmental enquiry. After noticing judgments of the Supreme Court rendered in the cases of B. C. Chaturvedi V/s. Union of India,1 1995 (8) J. T. S. C.65, State of Tamilnadu V/s. T. V. Venugopalan,2 1994 (6) S. C. C, 302, Union of India V/s. Upendra Singh,3 1994 (3) S. C. C.357, Government of Tamilnadu V/s. A. Rajapan-ndian,4 1995 (1) S. C. C.216, Union of India V/s. B. S. Chaturvedi,5 1995 (6) S. C.749, Tamil Nadu and Anr. V/s. S. Subramaniam,6 A. I. R.1996 S. C.1232, Director General of Police and others V/s. Jani Basha,7 A. I. R.1999 S. C. W.4802 and Syed Rahimuddin V/s. Director General, C. S. I. R. and Ors,8 A. I. R.2001 S. C. W.2388, the Central Administrative Tribunal has rightly held that the disciplinary authority is the sole judge of facts and the Tribunal has no jurisdiction to appraise or re-appreciate the evidence to substitute its own findings over the findings of the disciplinary authority as it is not supposed to act as an Appellate Authority. Thereafter, the Tribunal notices the service record of respondent No.1. The record shows that respondent No.1 has risen from Class IV post to the post of Artisan (Technician ). His sincerity and devotion to duty can be adjudged from the fact that during the tool down strike at R. C. F. Kapurthala in the year 1997, he continued to perform his duties despite continuous threat of his fellow employees. The record shows that respondent No.1 has risen from Class IV post to the post of Artisan (Technician ). His sincerity and devotion to duty can be adjudged from the fact that during the tool down strike at R. C. F. Kapurthala in the year 1997, he continued to perform his duties despite continuous threat of his fellow employees. After noticing the entire service record, the Tribunal has very rightly observed that the solitary incident of misbehaviour cannot be a ground to remove respondent No.1 from service totally ignoring his earlier meritorious record. We are of the considered opinion that the Tribunal has not committed any error of jurisdiction and has rather taken a proper and humane approach. 4. In view of the above, we find no merit in the present writ petition and the same is hereby dismissed. No costs. 5. Copy of this order be given dasti under the signature of Special Secretary of this Court.