UNION OF INDIA Vs. MOHD. SALIM BEG

JUDGEMENT

(1.) THE petitioner is aggrieved by the order dated 9th November, 2011 passed by the Central Administrative Tribunal, whereby the respondent's application questioning the penalty imposed upon him, was allowed.

(2.) BRIEFLY stated the facts of the case are that on 17th August, 2006, the respondent was issued with the charge memo that he had not followed the prescribed instructions regarding making security arrangement through DGR sponsored agency and failed to point out the irregularities at the time of the approval by the Tender Opening Committee (TOC). The charge sheet alleged that a tender had been invited in March, 2002 in the name of 'watch and ward arrangement', despite receipt of instructions to make security arrangements through DGR sponsored agency. The further allegation was that the respondent failed to object to the calling of security guard through open tender and recommended constitution of TOC.

(3.) IN the circumstances, considering that there was a difference of opinion between the advice of the Central Vigilance Commission and UPSC, the case was referred to the Department of Personal & Training on 8th June, 2010. The latter advised that the recommendation of UPSC may be Consequently, on 1st September, 2010, the accepted. disciplinary authority accepted the advice and imposed penalty of censure.