UNION PUBLIC SERVICECOMMISSION Vs. B.S. NEGI

JUDGEMENT

(1.) THE present Writ Petition has been preferred under Article 226 of the Constitution of India to assail the order dated 05.09.2011 passed in OA No. 2443/2009 by Central Administrative Tribunal, Principal Bench, Delhi (CAT/ Tribunal) , whereby the Tribunal set aside the Order dated 21.11.2007 vide which 10% permanent cut in pension was imposed on the Respondent No. 1. It was further directed by the Tribunal that the amount of pension so deducted be also refunded to the Respondent No. 1.

(2.) THE respondent No. 1 was working as Assistant in Union Public Service Commission (UPSC) . In the year 1990, disciplinary proceedings were initiated against him on the charge of helping one candidate, Shri Ratipal Saroj, in substituting History Paper -II answer sheets in Civil Services (Main) Examination, 1985. On 10.01.1990, the Charge Memorandum was issued to the Respondent No. 1 containing the Article of Charge, which is as under -

(3.) ON 13.04.2006, the Disciplinary Authority - after examining the records of the inquiry, issued a Disagreement Note. Further, the Central Vigilance Commission (CVC) also concurred with the disagreement note. The Disagreement Note, CVC's second stage advice and the inquiry report were served upon the Respondent No. 1. He represented against the same.