UNION OF INDIA Vs. R.P.SHARMA

JUDGEMENT

(1.) This writ petition is directed against the order dated 7.7.2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No. 3139/2010. The main issue that arises for consideration is whether the petitioner could have imposed the penalty of 10% cut in pension for five years in so far as the respondent is concerned. The Tribunal, by virtue of the impugned order, came to the conclusion that such an order could not be passed inasmuch as the pre-condition for imposing an order of cut in pension of there being 'grave misconduct' had not been established.

(2.) The respondent had joined the Department of Posts in Agra Postal Division on 18th February, 1972. He retired on 31st July, 2006 after about 34 years of service. Just six days prior to his retirement, i.e., on 25th July, 2006, the petitioner served the charge sheet on the respondent under Rule 14 of CCS (CCA) Rules, 1965 which contained two articles of charge. The said two articles of charge are as under :-

(3.) The Inquiry Officer submitted his report dated 25th May, 2007 wherein, he came to the conclusion that neither of the Articles of charge were proved. The Disciplinary Authority disagreed with the view of the Inquiry Officer and penned a disagreement note on 21st June, 2007. The same was sent to the respondent along with the Inquiry Officer's report. The respondent submitted his representation on 5th July, 2007. The Disciplinary Authority(the President) after considering the records of the inquiry, findings of the Inquiry Officer, submissions made by the charged officer and all the facts and circumstances, came to the conclusion that a suitable penalty be imposed on the charged officer and accordingly, the case records were referred to the UPSC for its advice. The UPSC submitted its advice on 17th February, 2010. The UPSC found that Article-I of the charge was not proved but that Article-II of the Charge was proved against the charged officer. In the end, the UPSC concluded as under:-