UNION OF INDIA Vs. KULAMONI MOHANTY

JUDGEMENT

(1.) This is an appeal by the Union of India assailing an order of the Central Administrative Tribunal, Cuttack Bench. As per an order passed by the appellant against the respondent a punishment of compulsory retirement was imposed on him. The Tribunal has, by the impugned order, converted it into reinstatement in service with reduction of pay-scale by one stage without cumulative effect and also decided that the absence of the respondent from duty owing to the punishment should be treated as DIES NON.

(2.) The respondent was an employee in the office of the National Sample Survey Organisation. The punishment of compulsory retirement was imposed on him on a finding reached in an enquiry that he had committed breach of trust of an amount of Rs. 279/- and another amount of Rs. 154.80 which were payable to another employee - B.K. Samal. The inquiry was conducted pursuant to a complaint made by the aforesaid B.K. Samal on 7-8-1985. The Tribunal found on facts that the finding regarding the commission of breach of trust of the aforesaid amounts is not liable to be disturbed as the same was based on sufficient materials. But the Tribunal felt that the quantum of punishment "is rather excessive or too severe especially keeping in view that the respondent would retire on superannuation within the period of two years."

(3.) The learned counsel for the appellant - Union of India assailed the said conclusion of the Tribunal and contended that by no stretch of reasoning could the quantum of punishment have been held to be disproportionate or severe, particularly after concurring with the finding of the Inquiry Officer that the respondent has committed breach of trust.