LAWS(DLH)-2010-8-216

RAM PRAKASH KESHARWANI Vs. UNION OF INDIA

Decided On August 19, 2010
RAM PRAKASH KESHARWANI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) PENALTY imposed upon the petitioner of reduction of pay by four stages for a period of five years without cumulative effect has been upheld by the Tribunal vide impugned judgment and order dated 17.10.2008 and as a result O.A.No.775/2008 filed by the petitioner has been dismissed.

(2.) A perusal of the reasoning of the Tribunal as per para 5 of the impugned decision shows that the Tribunal has been influenced by the fact that it stands proved that two persons broke the queue and the petitioner received the reservation requisition forms from them but threw the forms when he saw the raiding party approach. The Tribunal has observed that if the evidence led is read ,,in between the lines' it would be crystal clear that the petitioner has acted in an irregular way and with an ulterior motive. The relevant observations of the Tribunal which we have noted read as under:

(3.) AS regards Article I of the charge, which has been held as proved by the Inquiry Officer, we find no discussion in the impugned decision of the Tribunal, but suffice would it be to note that, as conceded by learned counsel for the respondent, as per applicable guidelines framed by it, shortage or excess by Rs.30/- had to be ignored.