UNION OF INDIA Vs. BINDA PANDIT

JUDGEMENT

(1.) This is a writ petition filed on behalf of Union of India under Article 226 of the Constitution of India assailing the order passed by the Administrative Tribunal (for short 'the Tribunal) in O.A. No.420/2008 wherein vide order dated 22.07.2008, the Tribunal allowed the O.A. with all consequential benefits including promotions as per law. The petitioners had been directed to carry out the aforesaid exercise within a period of two months from the date of receipt of a copy of this order.

(2.) Briefly stating the facts of this case are:

(3.) Before the Tribunal the respondent had argued that as per the Indian Railway Commercial Manual (IRCM) petty excess of cash below Rs.100/- does not attract minor proceedings and does not entail punishment. Moreover, it was also stated that the allegations pertain to the year 1997 but the enquiry was held in 2007 that also after withdrawing the major penalty as documents which ought to have been supplied were not supplied. It was also submitted that in those 10 years even the due promotion of the petitioner were not given even though having qualified the departmental examination. His promotion was withheld only on account of pendency of the enquiry. It was also submitted that even converting a chargesheet for major penalty into a minor penalty chargesheet was an arbitrary exercise of power by the petitioners as no laid down procedure under the Railway Servants (Discipline & Appeal) Rules, 1968 has been adopted and without giving any show cause notice to the respondent about imposition of penalty.