UNION OF INDIA Vs. A N SAXENA

JUDGEMENT

(1.) -These appeals are directed against two orders passed by the Central Administrative Tribunal (Principal Bench), New Delhi (hereinafter referred to as "the tribunal"). By the first impugned order the appellant was restrained from proceeding further with the disciplinary proceedings against the respondent in terms of the chargesheet dated March 13, 1989, filed by the appellant. This order was passed by the Vacation Bench of the Tribunal on June 27, 1991.

(2.) The second order sought to be challenged is an order dated July 15, 1991 whereby the tribunal directed that in case the commuted value of the pension, payable to the respondent was refunded, the respondent should be paid the full value of the pension from the due date including the arrears pending the proceedings before the tribunal.

(3.) We propose to set out only a few facts. At the relevant time, the respondent was an Income-tax Officer posted at New Delhi. On March 13, 1989, a memorandum of charges or charge-sheet was served on the respondent. The first article of charge was to the effect that the respondent while functioning as an Income-tax Officer completed certain assessments in an irregular manner, designed to confer undue benefit on the assessees concerned. The statement of imputations for misconduct and misbehaviour was forwarded along with the charge-sheet.