UNION OF INDIA UOI Vs. W R SARODE

JUDGEMENT

(1.) THE Department has come up in this Writ Petition challenging the order dated 28th October, 1999 passed by the Bangalore Bench of the Central Administrative Tribunal, quashing the orders passed by the department directing recovery of Rs. 23,400/- out of the pay of the respondent and further directing the department to refund the amount already recovered by it from the respondent.

(2.) THE respondent was charged with dereliction of duty and improper supervision resulting in continued fraud at Gulbarga RS. PO by the NSC Counter PA resulting in huge loss of Rs. 1,81,350/- to the department. The charge is based on the allegation that the respondent failed to notice the non-availability of two discharged N. S. Cs at Gulbarga HO on 25-2-1992. The disciplinary authority found the respondent guilty of the charge and taking into consideration that the role of the respondent in the fiasco is limited to supervision only, imposed the punishment of recovery of Rs. 23,400/- from the pay of the respondent. The various departmental appeals preferred by the respondent against the said punishment having proved futile, the respondent approached the Tribunal for relief. The Tribunal after hearing the parties quashed the punishment imposed and directed refund of the amount already recovered. The said order of the Tribunal is impugned herein,

(3.) WE have heard Mr. Krishna. S. Dixit the Addl. Central Govt. Standing Counsel and Mr. Raghavendrachar for respondent.