Central Administrative Tribunal - Bangalore
Deepa Sharma vs M/O Defence on 20 August, 2018
OA NO.501/2017/CAT/BENGALURU CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE BENCH, BENGALURU ORIGINAL APPLICATION NO.170/000501/2017 DATED THIS THE 20" DAY OF AUGUST, 2018 HON'BLE DR.K.B.SURSH HON'BLE SHRI C.V.SANKAR Smt.Deepa Sharma, W/o Subramanya MLS., Aged about 36 years, Ward Sahayika, Now under removal from service), Command Hospital, A.F.Agaram Post, Bengaluru-560007 and R/o Door No.1602, "Vashthavya", 1° "A" Cross, Chandra Layout, Bengaluru-560010. (By Advocate Shri Ranganatha S Jois) Vs. 1. Union of India Represented by its Secretary, Ministry of Defence, "RakshBhavan" New Delhi -- 110 001. 2. The Air Vice Marshal, Senior Officer-In charge Administration, Training Command, Indian Air Force, JC Nagar Post, Bengaluru-560 006. 3. The Commandant and the Disciplinary Authority, ~ Command Hospital, 'Air Force, Bengaluru-560 007. .MEMBER(J) . MEMBER(A) Applicant 2 OA NO.501/2017/CAT/BENGALURU The Civil Administrator, Command Hospital, Air Force, Bengaluru -- 560 007. ..Respondents (By Senior Panel Counsel Shri V.N.Holla Respondents ) ORDER (ORAL)
HON'BLE DR.K.B.SURESH ... MEMBER(J) On this matter being brought before us we found that the applicant was absent. We have therefore heard the learned Counsel in great detail. Since the High Court of Karnataka indicated that there must be an active proposition to be looked into, with anxious eyes we have examined the factors involved in it. We may therefore look up the Annexure A6 which is the defence statement filed by the applicant. The ground taken up are that due to illness of her father-in-law who is at Theerthahalli, Shimoga which is atleast 200 kms away from Bangalore, whereas she and her children are staying at Bangalore and children are studying at Bangalore, she had to be absent. Therefore while staying at Bangalore, without any doubt she cannot take care of her father-in-law, a cloud of doubt has already arisen in the cause of the applicant. The applicant has raised another point that her younger daughter met with an accident. We had examined Annexure AS and we find no such medical certificate has been produced, when we asked whether any medical certificate was produced, learned counsel submits that no such medical certificate was produced whereas in an appeal memorandum she has mentioned one medical prescription. For an accident a medical prescription will not suffice. Therefore this ground also raises a cloud of 3 OA NO.501/2017/CAT/BENGALURU doubt on the cause put up by the applicant. Thereafter, the applicant would Say that applicant's husband is a medical representative and would travel extensively _ abroad. Therefore, we had asked the learned Counsel to produce passport of her husband and found that for a small period in March, 2010 the applicant's husband -- had been to Srilanka as shown in the passport. Therefore this cause put up by the applicant is also clouded by shadow of doubt. Therefore, the reasons given are not genuine at all. Therefore we do not find anything irregular in the finding of Inquiry Authority, Disciplinary Authority and the Appellate Authority. We feel that in this instant case the proportionality of punishment seems to be in consonance and rightly proven against the applicant after giving all opportunities We may also say that her putting up false claim concretizes the punishment order. Therefore no grounds, OA dismissed. No costs.
7 ee ~(C.V.SANKAR) (DR. K.B.SURESH) MEMBER(A) MEMBER(J) sd SECTION OFFICER Central Administrative Theuns Bandalere Bench, Bangalore 4 OA NO.501/2017/CAT/BENGALURU Annexures referred to by the applicant in OA No. 170/00501/2017
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10. Annexure Ai Annexure A2 Annexure A3 Annexure A4 Annexure AS Annexure A6é Annexure A7 Annexure A8& Annexure AQ Annexure A10 : Copy of the Show cause notice dated 12.08.2013 : Copy of the reply to show cause notice dated 20.8.2012 : Copy of the Articles of Charges, statement of Imputations, list of documents and list of Documents dated 24.08.2013.
: Copy of enquiry report along with a Show Cause Notice on 28.11.2013.
: Copy of the Order dated 11.02.2014 : Copy of the appeal memo dated 21.03.2014 : Copy of the Order dated 11.07.2014 : Copy of the Order dated 09.02.2016 in OA No.1076/2014.
: Copy of the order dated 15.12.2016 in W.P. No.44337/2-16 (S-CAT) by the Hon'ble High Court : Copy of the impugned order dated 20.4.2017.
Annexures with reply statement of Respondent No. 3 & 4.
RWwWN PE Annexure R1 Annexure R2 Annexure R3 Annexure R4 : Copy of the Absentee report dated 01.04.2013 : Copy of the letter dated 20.05.2013 : Copy of the applicant's reply dated 02.09.2013
- Copy of the applicant's letter dated 10.12.2013 | Seok ok ok ROKR oR oR BOR kobe ge