LAWS(DLH)-2013-5-132

DIVISION RAILWAY MANAGER Vs. A.K.TIWARI

Decided On May 09, 2013
Division Railway Manager Appellant
V/S
A.K.Tiwari Respondents

JUDGEMENT

(1.) IT is not in dispute that the excess amount recovered from the respondent, who was at the relevant time managing a Railway Ticket Counter, is Rs.11/-.

(2.) IT is settled law that a Writ Court would be concerned with whether the Tribunal whose decision is challenged before the Writ Court has correctly understood and applied the law. On issues of facts, finding returned by the Tribunal have to be respected unless it can be demonstrated and shown that either the finding is perverse or ignores material evidence.

(3.) IT is not in dispute that the Railway Vigilance Manual, vide paragraphs 704 and 705 stipulated the manner in which a trap has to be laid and emphasises the need of association of a Gazetted Officer at the raid.