UNION OF INDIA Vs. RAJ KUMAR SAHU

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is by the Union of India. It challenges the order of the Central Administrative Tribunal, Jabalpur Bench, Circuit Sitting at Bilaspur (hereinafter referred to as 'the Tribunal') interfering with an order of removal from service of the Respondent. Through that order, the Tribunal also granted full back-wages on reinstatement.

(2.) We have heard the learned Assistant Solicitor General and the learned counsel appearing for the Respondent quite in extensio.

(3.) The Respondent was working as Branch Post Master. He was governed by the Gramin Daksewa (Conduct and Engagement) Rules, 2001 (hereinafter referred to as 'the Conduct Rules'). The allegations levelled against him were that he had failed to credit amounts in the accounts of seven (7) account holders of National Rural Employment Guarantee Scheme (NREGS) and of having made only part credits and resulted temporary misappropriation. Following a proper enquiry with a proposal to impose major penalty, the Disciplinary Authority concluded the proceedings by imposing punishment of debarring the Petitioner from appearing in the departmental examination for promotion post for a period of one year and confining the intervening period of put off to put on allowance. The Petitioner-employee did not challenge that decision. Thereafter, the Revisional Authority initiated a suo moto revision proceedings and issued notice to the delinquent requiring him to show cause against imposing the punishment of removal from engagement with immediate effect. The delinquent showed cause. That was not accepted. He was removed from service. This led to the proceedings before the Tribunal.