2009 (7) TMI 1384

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....as put in appearance on behalf of the caveator. 2. Accordingly, the caveat 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....

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....nce of the imputations of misconduct or misbehavior into definite and distinct articles of charge; (ii) A 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 li....

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....r approval of the charge memo, approval for taking ancillary action, that is, appointing an Inquiry Officer/Presenting Officer 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 ....

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....s but there is nothing to indicate that the file was ever put up before the disciplinary authority which in this case, as already 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....