F.S.Chauhan vs Uoi & Ors. on 11 December, 2018
In fact, it is not the case of the petitioner (except stating that the 1993
Rules, are false, fabricated, unnotified) that no such amendments have been
carried out to the Rules by the Board. The amendments, through Annexures-
W.P.(C) No. 4673/2002 Page 60 of 94
I and II being in place, the plea of Mr. Chauhan is unsustainable. That apart,
as far as the plea of Mr. Chauhan that the title of Annexure-II is inconsistent
with its content is concerned, the submission apart from being vague is also
without any merit, as the Annexure-II is not applicable to the proceedings
against the petitioner, as the same have not arisen out of vigilance
investigations. In the case of the petitioner, it was Annexure-I, which was
applicable and also followed. Further, the title broadly denotes applicability
of Annexure-II to disciplinary matters arising out of vigilance investigations
against employees in the grade of Rs.1,000 - 1900 and above. The contents
further classify Disciplinary / Appellate and Reviewing Authority on the
basis of pay-scales drawn by the employees. In other words, the Authorities
vary for the employees drawing different pay-scales, over and above the pay-
scale of Rs.1000-1900. Mr. Chauhan in support of his submission had relied
upon the judgment in the case of Government of A.P. & Ors v. M.A. Majeed
& anr (supra) that the charge sheet issued by the incompetent authority
would be wholly without jurisdiction. In view of my conclusion above, this
judgment has no applicability.