INDIAN COUNCIL FOR AGRICULTURAL RESEARCH Vs. VIPUL RAJ

JUDGEMENT

(1.) The respondent who was proceeded departmentally on corruption charges was held guilty by the enquiry officer and was removed from service in terms of the order passed by the disciplinary authority dated 08.08.2006. His appeal filed before the appellate authority was rejected vide order dated 03.01.2007. Thereafter the respondent approached the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the ,,Tribunal) vide OA No.237/2008 which was allowed by the Tribunal vide order dated 20.04.2009 whereby while setting aside both the orders dated 08.08.2006 and 03.01.2007 the Tribunal directed reinstatement of the respondent in service without back wages with further directions in para 12 of the order passed by the Tribunal which reads as under:

(2.) It may be observed here that the respondent was proceeded departmentally on corruption charges as per memorandum dated 25.05.2004 which read as under: STATEMENT OF ARTICLES OF CHARGE FRAMED AGAINST SHRI VIPUL RAJ, ADMINISTRATIVE OFFICER, NATIONAL INSTITUTE OF RESEARCH ON JUTE AND ALLIED FIBRE TECHNOLOGY (NIRJAFT), KOLKATA Shri Vipul Raj while functioning as Administrative Officer, NIRJAFT, Kolkata demanded ` 8000/- as bribe from Shri Arunava Sanyal, Proprietor, M/s Globe Tranding Corporation Dhankuni, Hooghly on 12.12.2002 for showing favour for issuing an ddelivering cheque towards his bill dated 25.10.2002 for repairing the Laminar flow Cabinet. ON the complaint of Shri Sanyal, Shri Vipul Raj was caught red handed by the CBI while demanding and accepting the bribe of ` 8000/- on 16.12.2002. By the aforesaid acts, Shri Vipul Raj has failed to maintain absolute integrity and acted in a manner unbecoming of a Government servant and thereby, contravened rule 3(1)(i) and (iii) of the CCS (Conduct) Rules, 1964 as applicable to the ICAR employees.

(3.) Before the Tribunal the two grounds which were pressed in service by the respondents were that: