BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT ……………..
............................... No.:______ of ______
Application Under Section 19 of the Administrative Tribunals Act, 1985
(Name of Place) Applicant
_____ Through, Advocate
Respectfully Sheweth :
1. Particulars of the Applicant
As given in the Memo of Parties.
2. Particulars of the Respondents
As given in the Memo of Parties.
3. Impugned Order:
That the applicant is aggrieved by the impugned order issued by the respondents __
That the applicant declares that the subject matter is within the jurisdiction of this Hon'ble Tribunal.
That the applicant further declares that the application is within the limitation.
6. Facts of the Case:
6.1 That the applicant submits that _____
6.2 That feeling aggrieved by such an arbitrary, malafide, discriminatory and illegal actions of the respondents, the applicant seeks the indulgence of this Hon'ble Tribunal on the following grounds amongst others, which may be taken at the time of arguments, each one of which is without prejudice to and independent of others :-
(a) That the impugned order __ issued by the respondent is arbitrary, malafide, illegal, ultra vires, against the Articles 14 and 16 of the Constitution of India, dehors the rules and regulations and against the natural justice.
(c) That it is submitted that the initiation of the impugned disciplinary proceedings by issuing a charge-sheet leveling charges which were stale and on materials gathered as an afterthought was an action tainted with malice and such proceedings were liable to be quashed as being mala fide and malicious in law.
(d) __That as per the settled principle of law, the alleged misconducts pertaining to the period prior to the promotion of the applicant stands condoned. As such the misconducts in Articles of Charges Nos. __ cannot be made grounds for punishment of the applicant. The Disciplinary Authority was prejudiced against the applicant and due to malafide intention and for the extraneous reasons has awarded impugned punishments on the applicant.
(e) __That on __ (Annexure A-__), the applicant was served with charge sheet by the Disciplinary Authority for the following four charges:-
(f) __That the applicant submits that on __ (Annexure A-__) the applicant has prayed for copy of __ mentioned in the Annexure A-III with the Charge Sheet so as to enable the applicant to submit his written statement of defence as sought for by the Disciplinary Authority.
(g) __ That it is against well established principles of law, rules and regulations that the person who happens to be witness cannot be appointed as Presenting Officer and vice versa.
(h) __That the applicant submits that on __ (Annexure A-__) the applicant made a representation to the Disciplinary Authority with a copy of the same endorsed to and got received on the same date by the Inquiry Officer, praying therein that the applicant is entitled to seek assistance of a defence assistant in his disciplinary case as per the relevant provisions and therefore the applicant may be granted permission to engage Defence Assistant, Sh. __, who is an advocate. It was also stated therein that Sh. __ has also consented to assist the applicant in the afore-mentioned case in the inquiry. It was obligatory on the part of the Disciplinary Authority to allow Defence Assistant to the applicant and further proceedings could be proceeded only after the Defence Assistant has been allowed to the applicant.
(i) __That the applicant further submits that the said charge sheet was further amended on __ (Annexure A-__) without affording the opportunity to the applicant to file reply to the said amendment. The Disciplinary Authority has not observed the mandatory principles of law, rules and regulations to seek the further written statement from the applicant with regard to the amended charge sheet.
(j) __That on __, (Annexure A-__) the applicant made a detailed reply to the show cause notice, raising therein various legal objections to the enquiry. Non-consideration of those points is indicative of non-application of mind by the Disciplinary Authority.
(k) __That the penalty of __ imposed by the Disciplinary Authority on the applicant is disproportionate to the alleged misconduct and shocking the conscience as well as indicative of arbitrariness and malafide intention on the part of the Disciplinary Authority.
(l) __That the Applicant further submits that on __ (Annexure A-__) the applicant applied to the Disciplinary Authority to supply day-to-day proceedings of order sheet, witnesses examined in the inquiry and other documents related to inquiry placed on the file so that the applicant could file the appeal. The Disciplinary Authority has flatly denied the same to the applicant on __ (Annexure A-__). The applicant submits that such denial amounts to denial of natural justice to the applicant and such an action on the part of the respondent Disciplinary Authority is against the well-settled principle of law, rules and regulations.
(m) __That the inquiry officer is stated to have conducted the hearings in the case on __ without any Defence Assistant having been allowed to the applicant and without giving notice to the applicant, which is against the provisions of Rule 14 of the CCS (CCA).
(n) __ That the applicant has thus been deprived of his legitimate rights of cross-examining the witnesses and put his own defence and give defence witnesses. The witnesses were thus examined at the back of the applicant without affording opportunity to the applicant to establish the veracity of their false statements. The witnesses were tutored on the behest of the Disciplinary Authority as they all are the subordinates of the Disciplinary Authority.
(o) __That the applicant was legitimately expecting that after the application of the applicant for Defence Assistant is decided by the Disciplinary Authority, the further disciplinary proceedings will be proceeded in accordance with the law.
(p) __That the defence of the presenting officer was recorded in utter violation of Rules 14 (15) of CCS (CCA) Rules 1965, which interalia provides that Presenting Officer appointed in a case cannot be examined as a witness at the enquiry.
(q) __ The Disciplinary Authority was required to entrust the enquiry to the Director Departmental Enquiries _______ Govt as per State Govt. orders vide notification No. ______________ dated _______ (Annexure A-__) and _______ (Annexure A-__). Vide Annexure A-__, it is clearly envisaged that:-
"All fresh inquiries in disciplinary proceedings to be initiated against Gazetted Officers (Class-I & Class-II) will be entrusted to the Commissioner Departmental Enquiries and those against the Non-Gazetted Officers/officials will be entrusted to the Director of Departmental inquiries."
(r) _____That it is apparent from the above that the Disciplinary Authority has purposely and malafide violated the above instructions of the state Government.
(s) ______That the day to day proceedings including copies of depositions of witnesses and the written briefs of the Presenting Officer were not supplied to the applicant as required under Rule 14 Note 6 of CCS (CCA) Rules 1965.
(t) ____That the Disciplinary Authority has not indicated the proposed penalty in the show cause notice which is mandatory requirement.
(u) _____That the Inquiry Officer has never served the applicant with the notice of ex-parte proceedings, which was obligatory on the part of the Inquiry Officer. It is mandatory under the Government Instructions that the notices of all hearings should be served on the accused or communicated to him unless the first notice says that the inquiry will continue from day to day.
(v) ______That the respondents have not even afforded opportunity to the applicant to see the relevant record being used against the applicant before starting of inquiry. Neither has the applicant been supplied with the Presenting Officer's briefs.
(w) _____ That the punishment as awarded by the Disciplinary Authority is not competent as much as the Disciplinary Authority is not the appointing authority of the applicant.
(x) _____That the Charge sheet has been issued by the incompetent authority. No tenable oral or documentary evidence was brought on record before the Disciplinary Authority. Disciplinary Authority has based its decision on extraneous matters. Similarly the Appellate Authority has rested its decision on the extraneous matters. The Appellate Authority has not applied its own mind. The appellate authority has not supplied the copy of comments sought for from the department to the applicant and thus the decision of the appellate authority has been prejudiced and vitiated.
(y) That the respondents are estopped due to their own act, deed and conduct. The principle of the Promissory Estopple applies against the respondents.
(z) That the impugned order is against the well settled principles of the law as laid down by the Hon'ble Supreme Court and this Hon'ble Tribunal in catena of cases.
7. Reliefs Sought:
That the applicant, therefore, prays that your Lordship be pleased to issue an appropriate writ, orders or directions to grant the following reliefs in favour of the applicant in the interest of justice:-
(a) Quash the impugned order _____ issued arbitrarily, malafide and illegally by the respondents;
(b) Direct the respondents _____ ;
(c) Direct the respondents to produce all the relevant documents for perusal by this Hon'ble Tribunal;
(d) Allow the cost of this OA;
(e) Pass such other order or directions as deemed fit and proper in favour of the applicant.
AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY.
8. Interim Orders, If Prayed:
It is most respectfully prayed that during the pendency of this OA the operation of the impugned order A-_____ may kindly be stayed in the interest of justice.
9. Details of Remedies Exhausted:
That the applicant submits that since the matter being of an urgent nature, there is no other alternative speedy and efficacious remedy available to him except to approach this Hon'ble Tribunal.
10. Matter not Pending with any Other Courts Etc:
That the applicant further declares that the matter regarding which this application has been made, is not pending before any court of law or any other Authority or any other bench of this Hon'ble tribunal.
11. Particulars of Court Fees:
Court fees worth Rs 50/- is attached herewith.
12. Details of Index:
An index containing the details of the documents to be relied upon is enclosed herewith.
(Name of Place) Applicant
_______ Through, Advocate
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT ……………….
No.:_______ of _____
Affidavit in support of OA under Section 19 of the Administrative Tribunals Act 1985.
I,______, do hereby solemnly, affirm and declare as under :-
1. That the accompanying OA has been prepared under my instructions.
2. That the contents of paras 1 to 12 of the accompanying application are correct and true to the best of my knowledge.
3. That I further solemnly affirm and declare that this affidavit of mine is correct and true to the best of my knowledge and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this the ______.
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT ………………
OA No.:______ of _____
Particulars of Documents
Memo of Parties
Power of Attorney
(Name of Place) Applicant
______ Through, Advocate