UNION OF INDIA Vs. SANJAY KUMAR YADAV

JUDGEMENT

(1.) THIS Petition arises from the order of Central Administrative Tribunal, Principal Bench, New Delhi ("Tribunal") in OA No.475 of 2011, whereby the order by the Disciplinary Authority, dated 22nd August, 2008 imposing a penalty of reduction to lower stage in the same time scale against the respondent herein was quashed and consequential benefits to him were restored. The petitioners were directed to refund the amount recovered from the respondent pursuant to the penalty order, which was impugned before Tribunal.

(2.) THE facts of the case are that the respondent had been working as a Head Ticket Collector/Junior Inspector Tickets with the Northern Railways while he was posted at Haridwar. He was required to check two coaches namely S-4 and S-5 of train No.4266DN on 3rd October, 2006, which were to be attached from Haridwar. He started checking the passengers when the train left Haridwar. During the course of his duties, after about 20-25 minutes, a vigilance team entered the two coaches namely S-4 and S-5, when the train stopped at the next station Luxor (sic: Laksar), which is approximately 28 kms from Haridwar.

(3.) A copy of the Inquiry Report was served upon the respondent and he was accorded an opportunity to make a representation against the same before the disciplinary authority. A representation was made to the latter who, after taking into account the representation dated 26th May, 2008 and the personal hearing given to the respondent on 18th June, 2008, imposed upon the respondent a penalty of reduction to a lower stage in the same time scale, from Rs. 5,600/- to Rs. 5,000/- and for a period of three years. Against this order, an appeal was preferred before the Appellate Authority, in which the following order was passed, which inter alia reads as under:-