GOVT. OF NCT OF DELHI Vs. NEERAJ KUMAR

JUDGEMENT

(1.) LEARNED counsel for the caveator has put in appearance. Cav. 788/2013 accordingly stands discharged. 1. The Govt. of NCT of Delhi is aggrieved by an order of the Central Administrative Tribunal (CAT) dated 08.04.2011. By the impugned order, CAT had quashed an order of penalty imposed upon the respondent/applicant on the ground that the findings of the disciplinary authority warranted the penalty of reduction of pay for two years as well as denial of increments for the said period. In addition, the Govt. of NCT of Delhi had declared that the period of absence should be treated as dies-non.

(2.) IT was argued that the findings of the CAT are unfounded. The Govt. of NCT of Delhi relied upon the findings of the Inquiry Officer, who had partially held the respondent/applicant guilty of the misconduct. It was submitted that the disciplinary authority in the present case applied itself to the circumstances and took note of all facts brought on the record, including the claim for unavoidable absence on account of illness. It was submitted that in these circumstances, the CAT, based upon the well established principles of non-interference with orders of penalty, should not have taken upon itself to apprise the facts, and substituted a minor penalty.

(3.) THE CAT in the operative portion of its orders ­ impugned in the present case, stated as follows: