B C SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed on behalf of the petitioner assailing the order dated 11.9.2009 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as "the Tribunal"), whereby the learned Tribunal has dismissed the OA bearing No. 479/2009 filed under Section 19 of the Central Administrative Tribunal's Act by holding that the allegations leveled against the petitioner in the departmental enquiry stood proved from the evidence which was led on record and that there was no occasion to interfere with the findings returned by the enquiry officer, disciplinary authority or the appellate authority.

(2.) Briefly stating, the facts giving rise to the present case are :

(3.) The enquiry was proceeded in accordance with the Central Civil Service (Conduct) Rules, 1964. Altogether 19 witnesses were cited on behalf of the Disciplinary Authority; however, the Presenting Officer produced only 11 witnesses on behalf of the Disciplinary Authority and dropped the remaining witnesses. All the documents/articles cited were produced by the witnesses and these were taken on record as exhibits. The petitioner examined three witnesses in his defence. Thereafter, the petitioner was generally examined. In the said examination, the petitioner did not dispute the fact that he was investigating RC10(A)/99-CBI/JBR against Shri Jaideep Das, Manager (Finance), NTPC, Korba and also admitted that he called Dr. M. Subedar, complainant, and had a meeting with him in the CBI Office on 24.1.2000. However, he has denied the demand of Rs. 1 lakh from Dr. Subedar to bail him out in this case. He has admitted that it is correct that he had submitted tour programme for Bilaspur for the period 16.02.2000 to 19.02.2000 on 16.02.2000 but the same was scored out and another tour programme was submitted by him on 16.02.2000 itself for Katni in connection with some other official work which was approved by the SP. He has also admitted that Dr.Subedar had contacted him over telephone at Jabalpur residence on 13.02.2000, 14.02.2000, 15.02.2000, and that he (CO) contacted Dr. M. Subedar on telephone on 15.02.2000. He has also admitted recording of his specimen voice. Dr. M.Subedar was examined as PW-9 and he supported the complaint made against the petitioner.