(1.) THE petitioner has challenged the order dated 22nd April, 2004, passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA 2233/2003 titled as Prahlad Singh vs. UOI and Ors. dismissing the original application filed by the petitioner against the order dated 23rd April, 2002 passed against him imposing the penalty of compulsory retirement with reduction of pensionary benefits to 1/3rd of the family pension as well as modified appellate order dated 16th November, 2003 whereby along with compulsory retirement the amount of gratuity had been reduced to 1/3rd of the normal amount to the petitioner.
(2.) BRIEF relevant facts are that the petitioner was working as UDC in NCERT and was deputed to participate in the RIE/NIE Annual Sports Meet as a member of 18 members Sports Team (including Team Manager Sh. Suman Kujur and Assistant Team Manager Sh. Benoy Banerjee) from NCERT Headquarter.
(3.) THE petitioner was, therefore, charged under Rule 14 of CCS(CCA) Rules and common proceedings against him and against Sh. Mohinder Singh Dagar were ordered under Rule 14 of CCS(CCA) Rules, 1965 by order dated 4th November, 2001. Prior to issuance of charge sheet, the petitioner had been placed under suspension w.e.f. 21st March, 2001. THE specific charge against the petitioner was that as a part of sports team going to Ajmer he got totally drunk in the train and in the drunken state he used loud and abusive language and misbehaved with fellow passengers. THE complainant during the inquiry had amplified the indecent remarks the petitioner had made against his wife, mother in law in these words:- "that he would fuck both of them in standing position". He also raised the slogan in Hindi "Jab Tak Suraj Chand Rahega Jat Bable Ki Gand Rahega". According to the respondent the abusive and dirty language to the women passengers in the compartment amounted to outraging their modesty. THE petitioner was arrested by the GRPF Police and he had pleaded guilty before the Magistrate.