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TMI Blog2006 (4) TMI 517X X X X Extracts X X X X X X X X Extracts X X X X ..... to maintain absolute integrity and devotion to duty and acted in a manner unbecoming of a Government servant inasmuch as he by exploiting his official position as a Government servant acquired assets to the tune of Rs. 6,43,737.15 in his own name and in the name of his family members which are disproportionate to the known sources to his income. During the above said period his total income from all known sources comes to Rs. 5,54,924.10 p and the expenditure comes to Rs. 1,92,676.83 and the assets disproportionate to the known sources of income come to the tune of Rs. 2,81,488.88 p. Thus, said Shri Ranjit Singh by his above acts of omission and commission contravened provisions of Rule 3 (1)(i)(ii) and (iii) of CCS (Conduct) Rules, 1964. Article II That Shri Ranjit Singh during the said period while functioning in the above said capacity failed to maintain devotion to duty and acted in a manner unbecoming of a Government servant as much as he invested Rs. 60,000/- in the purchase of FDRs in his own name as well as in the name of his mother Smt. Leelawanti in Punjab and Sind Bank, Vijayawada in 1981 without any intimation to his department/ Government as required under Rule 18 (3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtionate to his known sources of income. This highly unbecoming of a Govt. servant and necessitate imposition of a severe penalty. I, therefore impose penalty of removal from service on Sh. Ranjit Singh with immediate effect." 6. In support of the said order, however, no fresh reason was assigned. The Disciplinary Authority proceeded on the basis that as the Appellant had been given an opportunity of hearing to submit his defence and as he had failed to do so, a presumption was drawn that he did not wish to comment on the grounds of disagreement. It was stated: "The evidence proving disproportionate assets has already been discussed at length in the memo dt. 17.02.97. The same are unchallenged by the charged officer and nothing has come to the notice of the undersigned to refute the evidentiary value of the material discussed in the said memo. The reasons for not treating AC, RCR, Music System, CTV & VCR as items having been fifteen/ leaned to Smt. Leelawanti by her relatives have already been given in memo dt. 17.02.97. As per my findings in this regard contained in the above said memo these items infact belonged to the charged officer and shall be treated as his assets. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing: "In UOI Vs. Upendra Singh (1994) 27 ATC 200 the Hon'ble Supreme Court has held the Tribunal cannot take over the functions of the disciplinary authority. The truth or otherwise of the charges is a matter for the disciplinary authority to go into. Indeed even after the conclusion of the disciplinary proceedings, if the matter comes to the Court or Tribunal, they have no jurisdiction to look into the truth of the charges or into the correctness of the findings rendered by the disciplinary authority, or the Appellate Authority as the case may be. The function of the Court/ tribunal is none of judicial review, the purpose of which is to ensure that the individual receives fair treatment." A writ petition filed by the Appellant herein was summarily rejected by the Division Bench of the High Court. The Appellant is, thus, before us. 11. Mr. Parag Tripathi, learned senior counsel appearing on behalf of the Appellant has raised two contentions in support of the appeal. The learned counsel would firstly submit that keeping in view of the fact that the Municipal Corporation of Delhi valued the residential house of the Appellant at Rs. 2,41,576/- whereas the Executive Engineer ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficer. The Disciplinary Authority, however, failed to consider that the grounds on which he had disagreed with the Inquiry Officer forming the basis for issuing the show cause notice dated 17.2.1997, was a tentative one. Only because the Appellant did not file a show cause, the same would not mean that he was not required to consider the materials brought on records by the parties before the Disciplinary Authority, afresh. He was obliged to do so. 16. In Punjab National Bank and Others v. Kunj Behari Misra [(1998) 7 SCC 84], this Court has clearly held that the principles of natural justice are required to be complied with by the Disciplinary Authority in the event he intends to differ with the findings of the Enquiry Officer observing: "The result of the aforesaid discussion would be that the principles of natural justice have to be read into Regulation 7(2). As a result thereof, whenever the disciplinary authority disagrees with the enquiry authority on any article of charge, then before it records its own findings on such charge, it must record its tentative reasons for such disagreement and give to the delinquent officer an opportunity to represent before it records its fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... afresh. It was all the more necessary because even the CBI, after a thorough investigation in the matter, did not find any case against the Appellant and thus, filed a closure report. It is, therefore, not a case where the Appellant was exonerated by a criminal court after a full fledged trial by giving benefit of doubt. It was also not a case where the Appellant could be held guilty in the disciplinary proceedings applying the standard of proof as preponderance of the probability as contrasted with the standard of proof in a criminal trial, i.e., proof beyond all reasonable doubt. When a final form was filed in favour of the Appellant, the CBI even did not find a prima facie case against him. The Disciplinary Authority in the aforementioned peculiar situation was obligated to apply his mind on the materials brought on record by the parties in the light of the findings arrived at by the Inquiry Officer. He should not have relied only on the reasons disclosed by him in his show cause notice which, it will bear repetition to state, was only tentative in nature. As the Appellate Authority in arriving at his finding, laid emphasis on the fact that the Appellant has not filed any object ..... X X X X Extracts X X X X X X X X Extracts X X X X
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