UNION OF INDIA Vs. R K MISHRA

JUDGEMENT

(1.) This writ petition by the Union of India is directed against order, dated 2 August 2001, passed by the Central Administrative Tribunal, Principal Bench, New Delhi (for short 'the Tribunal') in OA No.2582/2000. By the impugned order, the Tribunal has quashed the order, dated 24 August 2000, passed by the President, in his capacity as the disciplinary authority, imposing a penalty of 10% cut in the pension, otherwise admissible to the respondent, for a period of two years.

(2.) In nutshell, the background facts, relevant for the present purpose are as follows:

(3.) Assailing the impugned order, it is submitted by learned counsel for the petitioner that the Tribunal has failed to appreciate that since the respondent had superannuated during the period the second reference to the UPSC was pending, on receipt of the fresh advice of the UPSC, it was not possible to hold departmental proceedings against him for imposition of major penalty. It is asserted that since the respondent had been accorded an opportunity by issue of a memorandum dated 4 February 1999, to which he responded, the Tribunal has gone wrong in coming to the conclusion that principle of natural justice has been violated.