UNION OF INDIA Vs. UDAI BHAN SINGH

JUDGEMENT

(1.) This appeal arises from a judgment of a Division Bench of the High Court of Judicature at Allahabad dated 1 May 2012. While allowing the writ petition filed by the respondent raising a challenge to an order of the Central Administrative Tribunal ("Tribunal") , the High Court came to the conclusion that (i) there was a violation of the principles of natural justice in that the appellants failed to provide relevant documents to the respondent during the course of the departmental inquiry; and (ii) the inquiry was vitiated by delay, following an earlier order of remand of the Tribunal. On these two counts, the High Court interfered with the punishment of dismissal imposed on the respondent and directed reinstatement with full back wages and consequential benefits. The Union of India is in appeal.

(2.) On 13 December 1978, the respondent was appointed as a Postal Assistant in the Head Post Office at Allahabad. A charge-sheet was issued to him on 31 August 1988. There were four articles of charge pertaining to the conduct of the respondent during the period from 15 July 1985 until 10 February 1986 when he was functioning as a Miscellaneous P.A. at the Allahabad Head Office.

(3.) The charge of misconduct relates to the appellant authorising payments of commission under the National Savings Certificate Scheme to agents who were found to be fake. Article-I of the charges was in the following terms: