Union Of India & Ors vs B.V.Gopinath on 5 September, 2013
14. The respondents filed their counter reply on 30.01.2015. It was
submitted by them that no cause of action whatsoever has accrued to the
applicant to file the present OA, as none of his statutory, fundamental or
legal right has been infringed by any of the actions of the respondents.
They had further taken the preliminary objection that the OA is barred by
limitation, delay and laches, and, therefore, deserves to be dismissed. It
was submitted that the first Charge-Sheet issued to him on 06.11.2006
for DE proceedings had to be reviewed in view of the judgment dated
05.09.2013 of the Supreme Court in the case of Union of India vs. B.V.
Gopinath & Ors., JT 2013 (12) SC 392 and, therefore, the relevant file
was placed before the Disciplinary Authority, who had, after examining
the facts and circumstances of the case, accorded his approval for the
Charge Memorandum on 08.01.2014, and had also approved the
9
OA No-927/2014
continuation of the DE proceedings from the stage where they stood
before the Charge Memorandum was so formally approved. It was,
therefore, submitted that no infirmity was attached to the Charge-Sheet
issued to the applicant for the DE proceedings.