UNION OF INDIA Vs. MURLI MANOHAR SINGH

JUDGEMENT

(1.) Petitioner (Union) assails Tribunal order dated 8.3.2002 allowing respondent's OA No. 2566/2001 and quashing the order of punishment dated . 11.4.2001 passed by the disciplinary authority awarding a penalty of reduction of his pay by two. stages in the time scale of pay for two years with a further direction that he would not earn any increment of pay during this period.

(2.) Respondent was working as Assistant Director in the Directorate of Estates at the relevant time and has since retired from service. It was way back on 25.6.1988 that a surprise inspection was conducted of his official desk in association with CBI and 33 receipts (applications) were found pending for three weeks to two months awaiting his decision. More than eight years later he was charged of failure to attend to these receipts/ applications for malafide considerations and of failure to maintain absolute integrity and devotion to duty under Rule 3(1) of CCS (Conduct) Rules. An inquiry was held against him in which he was exonerated of the charge of malafides but found guilty of the delay caused in processing the receipts. He challenged the charge sheet in an OA which was disposed of by Tribunal directing petitioner to take a decision on this. The disciplinary authority then processed his case and disagreeing with the findings of the inquiry officer recorded:-

(3.) The disagreement note was communicated to respondent who contested it and claimed that the charge against him was not substantiated by any evidence. The opinion of the UPSC was sought. The UPSC found the charge of malafide unsustainable but recommended award of minor punishment of censure to respondent. The disciplinary authority all the same over-ruled this and passed the punishment order dated 11.4.2001 reducing respondent's pay by two stages in the time scale for two years along with doing away with his annual increment for this period.