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P S Jaya sankar   13 January 2022

competency of disciplinary authority

Challenging removal from service, case filed before CAT. citing over a dozen case law of supreme court. The competency of disciplinary authority is main point put for judicial review. The Chairman of CAT in DB, dismissed OA, stating "challenging competency is not a concern to delinquent".
Whether, a review under "Ex Debito Justiiae" qualify before CAT in this case. Petitioner prefer to exhaust CAT remedy before approaching HC.
Please enlighten.


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 7 Replies

P. Venu (Advocate)     13 January 2022

What were the grounds on which competency was challenged?  Which CAT? What is the OA No?

Review is not a statutory remedy.  

CAT is decision is final. The only remedy is in approaching the High Court under Article 227. However this is not a statutory appeal; only limted issues as to illegalities or irregularities could be taken up.

P S Jaya sankar   15 January 2022

Sh. Venu sir. Disciplinary action/enquiry not initiated by competent authority directly violating P Gunasekaran(Supra) of dated 3.11.2014. Lucknow Bench.OA 277 of 2018, order available on website (ref page 8, para 10).
Approaching HC ok. But, Confidence of citizen on Judiciary came at Stake, when lower court defy precedent law.
Inf sent as desired sir

P. Venu (Advocate)     15 January 2022

I am afraid you have posted misleading information.Inform available on the website reveals that the sid OA (Anupan Varma vs. Union of India) had been closed on 20/12/2018. No Order could be accessed.

Megha   16 January 2022

Hi,

Generally, the decision taken by the AT if final.  The remedy available against such decision is approaching the High Court for a relief.  

For a more detailed response, kindly post allteh relevant facts of the case.  

Best regards,
Megha

P S Jaya sankar   17 January 2022

Dear S/Shri Venu and Megha sir. Sorry sir, due typing error it was shown as 277 instead 255. please find link https://www.cgatnew.gov.in/catweb/lucknownew/order_files/final/2020/August/120910002812018_1.pdf
it gives brief. See para 10 last line and para 13 last line it says ' Beyond that the order of punishment passed against him does not get vitiated".In other words court accepts vitiation, so how the P Gunasekaran (Supra) can be over- ruled by a tribunal.
Just for expertise opinion please, if you can.

P. Venu (Advocate)     17 January 2022

Your conduct, as revealed by the CAT Order, cannot inspire much confidence to anyone familiar with Service Jurisprudence. Moreover, the decision of the Supreme Court in S.L.P. (Civil) No. 23631 of 2008 is of no application in the facts of the case.

P S Jaya sankar   17 January 2022

Shri. Venu sir. Thanks for input. The order has not brought the facts, which indeed shook my confidence on Judiciary. eg. in OA 397 ( Referred in 255} is having valid stay on continuance of disciplinary proceeding and a fine of Rs.5000/- on respondent for violation. This non-vacated order and OA 397 was merged with 255. Still, AT, for reasons better known to it, preferred not to bring it final order.Be that as it may be including my conduct. just need clarity as when some % vitiation exist in the eye of law, should it
not come for rescue in service jurisprudence.
Just a discussional query.

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