Dr. M.R.Diwan (Ifs (Retd.) Adv. vs Union Of India & Ors on 30 July, 2014
Shri Rajnish Kumar (O.A.No.2694 of 2009) dated 05.09.2011,
S. Ramu & Others, (O.A.No.3732 of 2010), dated 26.08.2011
The orders in the Case of S.K.Srivastava & B V Gopinath have been upheld by the Honble Delhi High Court vide order dated 18/11/2009 (Union of India vs. S.K.Srivastava (WP(C) No.13223/2009) and Union of India vs. B.V.Gopinath (W.P.(C) No.10452/09) decided on 28th July, 2009 by concluding,
the approval of the Disciplinary Authority is required to be taken before issuing a charge sheet to the Respondent.
5.4. Because the action of the Respondents in issuing the impugned charge memo dated 15/11/1993 without the prior approval of the Competent Disciplinary Authority i.e. State Government (JCA for a joint Cadre) is clearly illegal and viod ab initio. The CAT Guwahati Bench reported as SLJ 2003(1)-CAT-Guwahati-76 held that the State Govt. OR the Joint Cadre Authority is the ONLY Disciplinary Authority and the Centre Govt., is the Appellate Authority. And also as the case is squarely covered by the judgements stated in para no.5,2 above.