UNION OF INDIA Vs. T.C.GUPTA

JUDGEMENT

(1.) WP No.7993/2020 is filed by petitioners-Union of India and another and the connected writ petition i.e., WP No.5530/2021 is filed by the respondent-employee being aggrieved by the orders dated 17.12.2019 passed in the Original Application No.170/01512/2018 and the Review Application No. 170/00017/2019 passed by the Central Administrative Tribunal, Bangalore Bench.

(2.) Regard being had to the similitude in the controversy involved in the aforesaid cases, they were heard analogously together and a common order is being passed.

(3.) The facts of the case in WP No.7993/2020 reveal that the sole respondent-T.C. Gupta before this Court was appointed in the Income Tax Department on 17.12.1979 on the post of Inspector of Income Tax and retired after attaining the age of superannuation on 30.09.2014. While he was in service he was charge sheeted and the misconduct reflected from the charge sheet revolves around the publication of a book published by the respondent-employee. There were three charges alleged against the respondent-employee and the Enquiry Officer after conducting an enquiry strictly in consonance with the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (for short 'CCS(CCA), Rules') gave a clean chit to the employee by submitting an enquiry report. The Disciplinary Authority not being satisfied with the enquiry report forwarded a note of disagreement on 19.10.2017 to the respondent-employee and at the relevant point of time he was no longer in service. Keeping in view the Central Civil Services (Pension) Rules 1972, (for short XCC (Pension) Rules) the matter was forwarded to the UPSC as the only punishment which could have been awarded was reduction in pension/withholding of gratuity. The UPSC finally gave advise in the matter and an order was passed on 11.04.2018 proposing for inflicting a punishment of stoppage of 10% of pension. Against the findings of the UPSC, an opportunity was afforded to the respondent-employee to submit a representation and he did submit a representation on 28.05.2018 and finally on 22.06.2018 a punishment order was passed inflicting a punishment order of stoppage of 10% of pension. The order dated 22.06.2018 was challenged before the Tribunal on various grounds.