SANJEEV KUMAR Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 19.12.2011 passed in OA 4190/2010 by the Central Administrative Tribunal, Principal Bench, New Delhi, whereby the petitioner's said Original Application had been dismissed.

(2.) BEFORE the Tribunal, the petitioner had sought the quashing and the setting aside of the orders dated 24.08.2009, 02.06.2010 and 07.09.2010 being the charge, the order passed by the disciplinary authority and the order passed by the appellate authority, respectively. The petitioner has been awarded the penalty of forfeiture of four years of approved service permanently, entailing proportionate reduction in the pay of the petitioner. The suspension period was also directed to be regarded as 'period not spent on duty' for all intents and purposes.

(3.) THE enquiry officer, however, on the basis of the other evidence on record and particularly that of PW4 Inspector Khushal Singh, returned the finding that a sum of RS. 400/- had been demanded by the petitioner and had been paid by the LGV driver (PW5 Sanwar Lal) for release of the said vehicle by the said crane. THE said PW5 also stated that he had, in fact, asked the petitioner to return the sum of RS. 400/- which he had taken from the LGV driver and that the same was accordingly taken from the petitioner by the said PW5 and returned to the LGV driver.