UNION OF INDIA (UOI) Vs. MR. LALIT KUMAR

JUDGEMENT

(1.) BY way of this petition under Article 227 of the Constitution of India, Petitioner has challenged the impugned order dated 18th February, 2005 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as 'the Tribunal') whereby the order of the Petitioner dated 28th August, 2002 imposing upon the Respondent punishment of withholding of two increments for a period of two years with cumulative effect as well as the order dated 29th January, 2004 passed by the Reviewing Authority upholding the aforesaid punishment, has been set aside.

(2.) BRIEFLY the facts relevant for disposal of the present petition are as under:

(3.) ON the other hand, the stand of the Petitioner before the Tribunal was that Rule 14(18) of CCS (CCA) Rules, 1965 was complied with. On 5th May, 1998, Respondent's general examination was done by the Enquiry Officer. Their further stand was that in the light of Rules 17 and 32 of the CCS (CCS) Rules, 1965, it was not mandatory to serve a copy of the advice of the UPSC as well as recommendations of CVC to the Respondent before imposing penalty order. As regards delay in serving charge sheet, the stand of the Petitioner was that delay was not material as there were financial irregularities and Respondent had failed to show any prejudice being caused to him on the ground of alleged delay.