sat against disciplinary action in Marathi

Sat against disciplinary action 

BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL TN AT CHENNAI

OA No:_____ of 2004

Applicant 

Versus

Respondents 

OA Under Section 19 of the Administrative Tribunals Act, 1985

Chennai 

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 action of the respondents whereby they ____. 

The said impugned action is arbitrary, illegal, malafide, violative of the Constitutional Rights and natural justice and issued in colourable exercise of power. 

4. Jurisdiction: 

That the applicant declares that the subject matter is within the jurisdiction of this Hon'ble Tribunal. 

5. Limitation: 

That the applicant further declares that the application is within the limitation. 

6. Facts of the Case: 

(a) That the facts leading to filing of the present case and the relevant facts are furnished hereunder in chronological order for the convenience of this Hon’ble court: - 

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(b) That _______ 

GROUNDS

(c) 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: - 

(i) That the impugned action of the respondent is arbitrary, malafide, illegal, ultra vires, against the Article 39 (d) read with 14 and 16 of the Constitution of India, dehors the rules and regulations and against the natural justice. 

(ii) That_____________________ _____ 

(iii) ____________________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. 

(iv) __________________That on ________________ (Annexure A-_____), the applicant was served with charge sheet by the Disciplinary Authority for the following four charges:- 

(v) _________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 defense as sought for by the Disciplinary Authority. 

(vi) ____________ 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. 

(vii) __________________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 defense assistant in his disciplinary case as per the relevant provisions and therefore the applicant may be granted permission to engage Defense 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 Defense Assistant to the applicant and further proceedings could be proceeded only after the Defense Assistant has been allowed to the applicant. 

(viii) ______________________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.