UNION OF INDIA, BY SECRETARY, CABINET SECRETARIAT, ROOM NO. 7, (SPL. WING), BIKANER HOUSE ANNEXE, SHAJAHAN ROAD, NEW DELHI-110001 Vs. H.G. BHASKAR, S/O SHRI H. GANESH

JUDGEMENT

(1.) UNION of India has preferred this writ petition challenging the legality and correctness of the order dated 30.08.2006 passed by the Central Administrative Tribunal, Bangalore Bench (for short, 'CAT), in O.A.N0.313/2005, which application was filed by the respondent who is a retired Deputy Secretary in the Cabinet Secretariat (RAW).

(2.) ON account of the complaint lodged by one Prasad Rao, the respondent was kept under suspension by an order dated 16.07.2003 under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (for short, 'CCA Rules). A charge sheet was issued imputing the misconduct of the respondent by appointing an Inquiry Officer. The Inquiry Officer submitted a report stating that the charges leveled against the respondent were proved on account of his admission and thereafter the disciplinary authority passed an order on 21.05.2004 brining the monthly pension payable to the respondent to the minimum amount for a period of 10 years, as a result of which, his pension is brought down to Rs. 2,000/ - per month.

(3.) LEARNED Counsel Mr. Vasudeva Rao appearing for the petitioner taking us through the statement given by the respondent -delinquent before the Inquiry Officer in writing and his further statement given for the second time in writing before the Inquiry Officer and also the explanation offered by him to the show cause notice and the grounds urged in the mercy petition and so also in the application filed before the CAT, submits that the respondent has admitted in unequivocal terms about his guilt and therefore the CAT was not justified in setting aside the inquiry relying upon the judgment in the case of State of Punjab Vs Sukhdev Singh - 1980(2) SLR 29. According to him, the facts Involved in Sukhdev Singh's case and the facts involved in the present case, are entirely different. Therefore, he requests the Court to set aside the order passed by the CAT.