Central Administrative Tribunal - Mumbai
Dr Ajit Kumar Verma vs M/O Agriculture on 4 May, 2023
i OA Nos. 178, 179, 220 & 2222/2026
CENTRAL ADMINISTRATIV E TRIBUNAL,
MUMBAT BENCH,
MUMBAL
).A.Nos.178, 222, 179 & 221 /2020
Dated this Thursday the 4" day of May, 2023.
Coram: Justice M.G. Sewlikar, Member (Judicial)
Dr Bhagwan Sahai, Member (Administrative).
O.A.178/2020
Dr Ajit Kumar Verma, Senior Scientist,
ICAR ~ Central Institute of Fisheries Education,
Panch Mare, OFF Yari Road, Versova,
Rat Flat No.206, Type [V Quarters, Panch Marg,
CIFE, Versova, Andheri (W), Mumbai -- 61. . Applicant.
Versus
1, Union of India, through
The Secretary, Ministry of Agriculture,
Krishi Bhavan, Dr. Rajendra Prasad Road,
New Delhi -- 110 001,
a Secretary, Indian Council of Agricultural Research & Farmers
Welfare, having his office at Krishi Bhavan,
Dr. Rajendra Prasad Road, New Delhi - 110001.
3. President, ICAR & Disciplinary Authority,
Having his office at Krishi Bhavan, Dr. Rajendra Prasad Road,
New Delhi -- 1.
4. President, ICAR & Appellate Authority,
"Having his office at Krishi Bhavan, Dr Ralendra Prasad Road,
New Delhi -- 110 001. .. Respondents.
(2, 4.222/2020
2 OANos, 178, 179, 221 & 2223/2020
Panch Mars, Off Yari Road, Versova,
Riat Flat No.205, Type IV Quarters, Panch Marg,
CIPE, Versova, Andheri (W), Mumbai ~ 400 061. » Applicant
to
Laed
Versus
Union of India, through
The Secretary, Ministry of Agriculture and Farmers Welfa
Krishi Bhavan, Dr. Rajendra Prasad Road,
New Delhi -- 110 001,
Secretary, ICAR, havi ing his office at
Indian Council of Agricultural Researc ch, Krishi Bhavan,
Dr. Raiendra Prasad Road, New Delhi-- 110 601.
President, ICAR & Disciplinary Authority and
Appellate Authority, Having his office at Krishi Bhay an,
Dr.Rajendra Prasad Road,
New Delhi ~ 116 001. . Respondents.
.4.179/2020
Dr. Ajit Kumar Verma, Senior Scientist,
ICAR ~ Central Institute of Fisheries Education,
Panch Marg, Off Yari Road, Versov a,
Réat Flat No.206, Type [V Quarters, Panch Marg,
CIFE, Versova, Andheri (W), Mumbai ~ 61. . Applicant
hv
{a3
Versus
Union of India, through
The Secretary, Ministry of Agriculture and Farmers W 'elfare,
Krishi Bhavan, Dr. Rajendra Prasad Road,
New Delhi -- 110-061,
Secretary, ICAR, having his office at
Indian Council of Agricultural Research, Krishi Bhavan,
DeRalendra Prasad Road, New Delhi ~ 110 601.
President, ICAR & Di: sciplinary Authority,
and Appell ate Authority, Having his office at Krishi Bhavan,
Dr. Rajendra Prasad Road,
Now Delhi ~ 116 061, - ,, Respondents.
3 OA Nos. 178, 179, 221 & 2322/2020
O.A.221/2020 -
Dr.Chandrakant M.H., Assistant Chief Technical Officer,
ICAR -- Central Institute of Fisheries Education,
Panch Mare, Off Yari Road, Versova,
Réat Flat No.205, Type TV Quarters, Panch Mare,
CIFE, Versova, Andheri (W)}, Mumbai ~ 400 061, . Applicant
Versus
1, Union of India, through
The Secretary, Ministry of Agriculture and Farmers Welfare,
Krishi Bhavan, Dr. Rajendra Prasad Road,
New Delhi ~ 110 001.
bo
Secretary, ICAR, having his office at
Indian Council of Agricultural Research, Krishi Bhavan
Dr. Rajendra Prasad Road, New Delhi -- 110 601.
Seed
President, CAR & Disciplinary Authority and
Appellate Authority,
Having his office at Krishi Bhavan,
Dr. Rajendra Prasad Road,
New Delhi ~ 110 601. . Respondents.
Applicants are represented by Advocate Shri S.N. PHlsi.
Respondents are represented by Advocate Shri B.D. Dhangade.
Order reserved on : 63.04.2023
Order pronounced on > 04.05.2023,
ORDER
Per: Dr. Bhagwan Sahai, Member (A).
OA.178/2020 has been filed by Dr Apt Kumar Verma, Senior Scientist ICAR ~ Central Institute of Fisheries Education, Versova, Andheri West, Mumbai on 06.06.2020 seeking setting aside of order of A.M. & President, ICAR (Disciplinary Authority} dated 2 sald AZ20T8 imposing om Him nenalty of withholding of one 4 OA Noas.1 78, 179,221 & 222/2020 increment without cumulative effect, in pursuance of Memorandum dated 06.01.2016 and order dated 14.08.2019 passed by President, ICAR (Appellate Authority) rejecting his appeal against the order of Disciplinary Authority and award cast of this O.A.
2. O.A4.222/2020 has been filed by Dr.Chandrakant M.H., Assistant Chief Technical Officer, ICAR ~ Central Institute of Fisheries Education, Versova, Andheri West, Murnbai on 06.06.2020 seeking setting aside of order of AM. & President, ICAR.
(Dise viplinary Authority) dated 27.12.2018 imposing on him penalty of withholding of one increment without cumulative effect, in pursuance to Memorandum dated 06.01.2016 and order dated 14.08.2019 passed by President, ICAR (Appellate Authority) rejecting his appeal against the order of Disciplinary Authority and award cost of this O.A.
3. 0.A.179/2020 has been filed by Dr Ajit Kumar Verma, Senior Scientist seeking setting aside of charge-mema dated 21.03.2016 and order of A.M. & President, ICAR as Disciplinary Authority dated 07.12.2018 imposing penalty of Censure on him.
4, O.4.221/2020 has been fled by Dr Chandrakant M.H., Assistant Chief Technical Officer seeking setting aside of charge-
sree Sater? Ft AR Aes ying dated LOGS SGTS and Eat an Dig gana + Nae yal eure ten oer ft eek F aver' go wists oe onemeyere: O° LASCIDNEPY AULROPLY GaGa Uy 1 SUAS itt OST PDSna@iry OF § OANos.178, 179, 221 & 2223/2020 Censure on him, S. On perusal and close scrutiny of the above 3 orders in respect of each of the applicants,-we find that the order issuing charge-sheet to Dr. Ajit Kumar Verma dated 06.01.2016 was issued by Disciplinary Authority Le. Director General, ICAR. The Memorandum of Charge-sheet was issued under Rule 14 of CCS (CCA) Rules, 1965. Similarly in case of O.A.179/2020 and O.A22U/2020, the Memorandum of Charges was issued by (Misciplinary Authority ic. Director General, CAR, on 21.03.2016 under Rule 14 of CCS (CCA) Rules, 1965. Thereafter the orders imposing penalty of Censure on both these applicants was issued on OF 12.2018 by ALM. & President, ICAR.
6. Thus while the charge-memos to each of these applicants were issued by the Disciplinary Authority i.e. Director General, ICAR, the orders of punishment Le. imposing penalty of stoppage of one increment without cumulative effect on both these applicants and orders on appeals filed by these applicants were also issued by the A. M. & President, IC. AR
7. in other 2 OAs ie 179. 'and 39 1/2020 the onde TS of umpaosition of punishment of stoppage of one increment and Censure dtmiees ri t acd ke: thea eae " 2 DWaset be TAD were also issued by the same authority ie. A.M. & President, MCAR. BR TET te a abven eer yen cebapecebas unsabutae tara at at Siow 4A ceeewe ff Fees 7 WRLO US CHATME-SOGCLS WES ISSUSG OM) Gu unese | cages Gr lie 2 6 OA, Nos. 178, 179, 221 & 2322/2020 applicants by the Disciplinary Authority i.e. Director General, ICAR, the orders of punishment were not issued by the Disciplinary Authority Le. Director General, ICAR. The orders of imposing penalty as well as order rejecting appeals of the applicants were also passed by the A.M. & President, ICAR. Thus in these cases orders on punishment have not been issued by the Disciplinary Authority Le. Director General, ICAR,
8. The orders imposing punishment as well as rejecting appeals have also been issued by the same authority be. A.M. & President, ICAR. So the first major defect in these proceedings was that the Disciplinary Authority who had issued the charge-sheets has not passed the orders of punishment for these applicants. The same authority cannot act in both the capacities ie. in capacity of Disciplinary Authority as well as Appellate Authority for these applicants. Therefore, the second major defect in these orders against the applicants is passing of the punishment orders as well as orders rejecting appeals by the same authority Le. President & ICAR, These actions of the respondents authorities are not as per the provisions of CCS (CCA) Rules, 1965 which stipulate that the Disciplinary Authority and the Appellate Authority fave to be Seheyeg eaten aay hyo Neopet Tey ee A Thayer hae Ga | tokioae |: es separate and the Appellate Authority Ras to be higher than the . > . . ° . . . opus . « . . Te ne "ar Bysshe : 3 en i See warez sega sh, m™ oe Derren * LAISCH! Tay fauherdty. if is G8) TMecessary that the LATSC LO ary s " = s 7 OA Nos. 178, 179, 221 & 2223/2020 Authority who. issues the charge-sheet-has to pass the order of punishment on conclusion of the disciplinary proceedings.
9, In view of these major defects in the proceedings | conducted by the respondents in these 4 cases against the applicants, all the six orders imposing punishment on these applicants ie. withholding one increment and imposing Censure and rejection of their appeals are set aside and these cases are remitted back to the Disciplinary Authority of the applicants i.e. Director General, [CAR for taking fresh decisions on the disciplinary proceedings concluded against these applicants after hearing the applicants personally and thereafter communicate those orders to these applicants clearly informing them as to which authority the y can file appeal, if they so wish. Thereafter, if they so wish the applicants may prek fey appeals against the iresh orders of the Disciplinary Authority before the concemed competent Appellate Authonty Le, A.M. & President, ICAR.
id. In view of the above, all these fout OAs stand disposed of Neo costs, (Dr.Bhagwan Sahai) (Justics MLG. Sewlika rn Member (A} Member (9),