UOI Vs. SR TEWARI

JUDGEMENT

(1.) This writ petition is directed against the order dated 11 th February, 2011, passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the Tribunal ) in OA No. 3234/2009, whereby the order dated 08 th September, 2010, dismissing respondent No. 1 from service, was set aside and he was reinstated in service with consequential benefits.

(2.) The respondent No.1, an officer of Andhra Pradesh Cadre of Indian Police Service joined Border Security Force (BSF) on deputation and was posted as IG, North Bengal Frontier. A charge memo containing as many as eight charges was issued to him on 23 rd March, 2007, followed by a Departmental Enquiry into those charges. The Inquiry Officer, vide report dated 23 rd December, 2008, held that Charges No. III, IV and VI were partly proved, whereas the Charges No. I, II, V, VII and VIII were not proved. Even with respect to charges which, in the opinion of the Inquiry Officer, were partly proved, no mala fides on the part of the respondent was involved. The Disciplinary Authority, however, disagreed with the report of the Inquiry Officer in respect of Charges I to V and was of the opinion that Charges No. I to IV were fully proved, whereas Charge No. 5 was partly proved. As regard Charge No. 1, CVC as well as UPSC were of the view that the same stands established, whereas the Inquiry Officer was of the opinion that the same does not stand proved. In respect of Charges No. III, IV and VI, CVC as well as UPSC concurred with the Disciplinary Authority. Regarding Charge No. V, no observation was made by UPSC, whereas CVC was of the opinion that it does not stand established.

(3.) With respect to the power of the Tribunal or for that matter this Court to interfere with the finding recorded in a Departmental Inquiry, this Court in a recent judgment dated 19.1.2012 in WPC 2431/2011 Ex. Head Constable Manjeet Singh v. Union of India & Ors inter alia observed as under: