Central Administrative Tribunal - DelhiO P Gaud vs Delhi Jal Board on 12 October, 20221\nItem No. 03\n                                               OA No. 2422/2022\n\n\n\n              Central Administrative Tribunal\n                Principal Bench: New Delhi\n\n                    O.A. No.2422/2022\n\n              This the 12th day of October, 2022\n\n          Hon'ble Mr. R. N. Singh, Member (J)\n         Hon'ble Mr. Tarun Shridhar, Member (A)\n\n\n  O.P. Gaud (Ex E.E. (Civil),\n  S/o Late Gopal Gaud,\n  R/o 47-Type-III, Jal Vihar Colony,\n  Lajpat Nagar-I, New Delhi-110024.\n\n                                              ...Applicant\n\n(In person)\n\n                           Versus\n\n\nDelhi Jal Board,\nThrough its CEO,\nGovt. of NCTD, Varunalaya Phase-II,\nKarol Bagh, New Delhi-110055.\n                                           ...Respondents\n\n\n(By Advocate : Shri Bhuvnesh Shukla for Shri Rajeev\nKumar)\n                              2\nItem No. 03\n                                              OA No. 2422/2022\n\n\n\n\n                   ORDER (ORAL)Hon'ble Mr. Tarun Shridhar, Member (A) :-The applicant, aggrieved by the disciplinary\n\nproceedings initiated against him under Rule 14 of the\n\nCCS (CCA) Rules, 1965, has preferred the present\n\nOriginal Application seeking the following relief(s) :-"a) Quash and set aside the impugned\n             orders no 20 dated 27.01.2014 & no\n             49 dated 22.04.2014 of appointment\n             of IO/PO by the Respondent:b) Quash and set aside the Impugned\n           Charge-Memo dated 04.09.2013 and\n           subsequent      Inquiry Proceedings/\n           Findings of Inquiry Officer, in the\n           interest of justice;c) Direct the respondent to implement by\n            issuing immediately the order dated\n            31.10.2013 of exoneration of the\n            Applicant from all the charges\n            recorded by the then Disciplinary\n            Authorityd) Direct the respondent to release the\n           salaries of the period of medical leave\n           w.e.f. 17.12.2012 to 05.09.2013\n           alongwith 18% interest on total\n           amount of salaries w.e.f. 05.09.2013\n           till date of payment and all other\n           consequential benefits in accordance\n           with law; ande) Restrain the Respondent from issuing\n            any adverse order other than the\n            order     of   exoneration     dated\n            31.10.2013 of the Applicant from all3Item No. 03OA No. 2422/2022the charges recorded by the then\n              Disciplinaryf)    Award the cost of OA case.g)    Pass any such order/orders as this\n              Hon'ble Tribunal may deem fit and\n              proper in the facts and circumstances\n              of the present case."2.      We have heard the applicant in person.3.      Let us break the orders/documents which the\n\napplicant is challenging : (a) he challenges the order\n\ndated 27.01.2014.        This is an order vide which the\n\nDisciplinary Authority has appointed the Inquiry\n\nOfficer; (b) Challenge is made to an order dated\n\n22.04.2014, vide which the Presenting Officer to assist\n\nin the inquiry has been appointed; (c)           He seeks\n\nquashing of the impugned charge memo 04.09.2013;(d) He seeks implementation of an order dated\n\n31.10.2013 vide which, according to him he has been\n\nexonerated of the charges against him; (e) Thereafter,\n\nhe makes a prayer for release of his salary along with\n\n18% interest and further a restraint upon the\n\nrespondents from passing any adverse order against\n\nhim.4Item No. 03OA No. 2422/20224.      Having heard the applicant in person at great\n\nlength and going through the voluminous documents\n\non record, we find that pursuant to the impugned\n\ncharge memo issued way back in the year 2013, the\n\nInquiry Officer has already completed the inquiry and\n\nsubmitted his report.      Therefore, in view of these\n\ndevelopments, prayer to quash and set aside the order\n\nappointing the Inquiry Officer and Presenting Officer\n\ni.e. (a) and (b) of para 3 is meaningless. Further, the\n\ncharge memo can also not be gone into at this stage\n\nas the applicant himself has participated in the\n\ndetailed inquiry and Inquiry Officer has already\n\nsubmitted his report.     As far as the so called order\n\ndated 31.10.2013 vide which the applicant claims that\n\nhe has been exonerated, we do not find any such\n\norder on record and despite our repeatedly asking the\n\napplicant to produce such order, he has not been able\n\nto do so.      What he is referring to is internal file\n\nnotings, which he claims to be an order exonerating\n\nhim.      However, the typed copies of the internal file\n\nnotings have also not been filed.5Item No. 03OA No. 2422/20225.      The latest order on this issue is order dated\n\n18.01.2022, which is placed on file. The said order\n\nhas been issued in response to a representation\n\nregarding the disciplinary proceedings preferred by\n\nthe applicant and this order categorically states that\n\nthough the inquiry into charges against the applicant\n\nis complete, however, the final decision of the\n\ndisciplinary authority in the matter has been kept\n\nunder suspension on the ground that the applicant\n\nalready stands dismissed from service in another\n\ndepartmental proceeding.        The competent authority\n\nwhile passing the said order has held that little\n\npurpose would be served in deciding the present\n\nmatter until or unless the appeal or other legal\n\nremedies in the departmental case, in which the\n\napplicant     has   been   dismissed,   are   exhausted.\n\nMoreover, the said order dated 18.01.2022, vide\n\nwhich, the disciplinary proceedings have been kept\n\nunder suspension has also not been put to any\n\nchallenge.6.      Against this background and in the facts and\n\ncircumstances of the case as narrated above, we are of\n\nthe considered view that this OA is not only devoid of6Item No. 03OA No. 2422/2022merits but also amounts to misuse of process of law\n\nand deserves to be dismissed at the admission stage\n\nitself with heavy cost. However, since the applicant is\n\nappearing in person, we are restraining ourselves from\n\nimposing any cost upon him.          However, as stated\n\nabove, the OA stands dismissed at the admission\n\nstage itself.There shall be no order as to costs.(Tarun Shridhar)                (R. N. Singh)\n           Member (A)                    Member (J)\n\n\n          /rk/