UNION OF INDIA Vs. VINOD SHARMA

JUDGEMENT

(1.) UNION of India, Ministry of Urban and Development & Pensions, Poverty Alleviation, has filed the present writ petition to assail the order dated 19th January, 2011, passed in OA No. 726/2010, Vinod Sharma vs. UNION of India & Ors. By the impugned order, Tribunal has allowed the aforesaid OA and has quashed the order of penalty of reduction to a lower stage in the time scale of pay by one stage for a period of three years without cumulative effect.

(2.) LEARNED counsel for the petitioner has submitted that the respondent was guilty and responsible for destruction of the ledger pages/file. He has drawn our attention to the fact that the file was under his charge and as per the entry dated 14th May, 1993, made in the file movement register, the file was under his custody and thereafter the file was lost/misplaced from his charge.

(3.) THE enquiry officer in his report dated 21st July, 2008, held that the Presenting Officer has failed to prove the charge and the attempt to prove the allegations was feeble. This was because there was no substantial evidence on which he could establish the case. He further recorded that role of one Mr. S.K. Arora, Overseer, was dubious but he had not been charge-sheeted. THE relevant findings are as under:-