which the Tribunal, after noting Yoginath D Bagde (supra), had allowed the Application and set aside the note of disagreement. The Honourable Delhi High Court ... High Court held thus:
7. We have carefully perused the said disagreement note and on scrutinising thereof, we are of the considered opinion that disagreement
reply dated 5th April, 2007 to the
note of disagreement contending that the disagreement note of the
disciplinary authority was contrary to the facts, material ... manner of doubt that the disciplinary authority, while
recording its disagreement note, predetermined the issues without
taking into consideration the representation made by the Respondent
held the charge to be
"not proved". In the Disagreement Note, the Disciplinary Authority, inter alia
observed as under:-
"During the preliminary ... proved. The Disciplinary
Authority, however, recorded the following Disagreement Note with respect to this
charge:-
"The Charged Officer during the preliminary inquiry had
admitted
Signed By:GAURAV
SHARMA
Signing Date:13.10.2022
17:57:10
a disagreement note dated 13th August 2002 and thus invited
representation from the Petitioner ... petitioner, the authority in succession
unmindfully and illogically followed the disagreement note
communicated by his predecessor Sh. A.K. Gupta and mechanically
passed the order
with the Charge Sheet issued by respondent no. 1; the
Tentative Disagreement Note 11.07.2017 and the Order dated 26.10.2017
vide which the penalty ... Note
dated 11.07.2017 suffers from perversity as the contradictions recorded in
the said Note were fallacious and based on no evidence whatsoever. The
Tentative Disagreement
said enquiry report. Within a week thereafter, a copy of
the disagreement note of the Disciplinary Authority on the
aforesaid report of the Enquiry Officer ... find that the Disciplinary Authority while recording
its disagreement specifically mentioned in the disagreement note
under Clause 3 sub-clause (b) and (c) as hereunder
inquiry officer, furnished the inquiry report along with his `disagreement note dated 13.03.2006 to the applicant and called for his representation against the same ... authority indicates the reason for the disagreement. Hence, the contention of the applicant that the disagreement note does not contain any reasons is unsustainable
however, submitted his detailed reply to the note of disagreement pointing out that the disagreement note of the disciplinary authority is contrary to the facts ... submitted reply to the note of disagreement in which he had clearly pointed out that the disagreement note was contrary to the facts, material
Inquiry Officer and furnished a copy of the said disagreement note to the Applicant for his comments/representation. The relevant part of the Disagreement Note ... that:-
1. Reasons of disagreement of disciplinary authority with the finding of the IO have been discussed in the disagreement note and the contention
SLJ90(CAT)
ORDER
Shankar Prasad, Member (A)
1. Aggrieved by the disagreement note dated 14.2.2006 issued by the Disciplinary Authority the applicant has preferred ... Shri Y.O. Shah, Supdt.
It is, thereafter, that the disagreement note has been issued.
5. Mr. Vaishnav, learned Counsel for the applicant, has contended
