UNION OF INDIA Vs. R C KOHLI

JUDGEMENT

(1.) An Order dated 28.05.2002 passed by the Central Administrative Tribunal, Principal Bench, New Delhi hereinafter for the sake of brevity referred to as, the Tribunal' ) in O.A. No. 1656 of 2002 allowing an application under Section 19 of the Administrative Tribunals Act filed by the respondent herein, is the subject matter of this writ petition.

(2.) The basic fact of the matter is not in dispute, The respondent herein at all material times was the Deputy Director (Civil Defence) in the Directorate of Home Guards Civil Defence. The Directorate was required to purchase a new EPABX System for which they approached the MTNL for their rates in March, 1990. MTNL in .June, 1990 intimated that 25 line EPABX was available at a cost, of Rs.48,000/-. Allegedly the Department in principle accepted the terms and conditions of MTNL, but the respondent with a. premeditated design shelved the proposal of MTNL and even before the composite notice inviting fenders was issued sought for approval for purchase of a Meltron Equipment worth Rs.8 lacs from M/s. Guru Sons. The matter was allegedly investigated by the Anti Corruption Branch whereafter a prima facie case of financial irregularities in the said purchase causing loss of over Rs.3.5 lacs to the Government had been made out. A regular departmental proceeding was initiated wherein a charge-sheet was issued to the respondent herein, which is in the following terms :-

(3.) The learned Tribunal in its impugned judgment inter alia arrived at a finding that as the decision to purchase the said equipment had not been taken by the respondent herein alone and the matter passed hands through several committees and ultimately cleared by the Director General on the basis of the reports of the; Committees, the respondent herein cannot be held to be guilty of the said charges. It was found that Meltron is a Government Undertaking and not a private company. It was held that M/s. Guru Sons had made the offer for supply of the said equipment: and the same was considered along with the offers of several other firms. It had further been found that the said equipment is being used in several important governmental organizations or the institutions. It was held :-