UNION OF INDIA Vs. JAGMOHAN SAHNI

JUDGEMENT

(1.) THE present Writ Petition has been preferred by the Petitioner - Union of India under Article 226 of the Constitution of India to assail the order dated 19.09.2012 passed in O.A. No. 1784/2011 by Central Administrative Tribunal, Principal Bench, Delhi (CAT/Tribunal), whereby the Tribunal allowed the application of the respondent -applicant and set aside the Inquiry Officer's report dated 31.10.2007, as well as the order of the disciplinary authority dated 19.04.2010 imposing the penalty of 5% cut in pension for a period of one year. The Tribunal directed the petitioner to refund the entire pension recovered from the respondent along with 9% interest within a period of two months. It further directed that the respondent will also be entitled for payment of full pay and allowances for the period from 27.12.2000 till the date of dismissal i.e. 08.04.2003, and to treat the intervening period as spent on duty for all purposes. The petitioner was directed to hold a review DPC to consider the applicant for grant of notional promotion and, if he is found 'fit', he was directed to be given notional promotion from the due date.

(2.) THE respondent was issued a Charge Memorandum dated 23.05.1995 for initiation of disciplinary proceedings under Rule 14 of the Central Civil Services (Classification, Control & Appeal) Rules, 1965 [CCS (CCA) Rules] in respect of indents raised by Machinery & Spares (M&S) B&C group during March 1990 to July 1990, when he was functioning as Director(ate) Logistics Support (Machinery & Spares) [DLS (M&S Group B&C)]. He denied the aforesaid charges vide letter dated 05.07.1995.

(3.) AGGRIEVED by the aforesaid order, respondent filed O.A. No. 3140/2001, which was allowed vide order dated 08.04.2003, and the Tribunal quashed the order of dismissal and further directed that the inquiry officer may proceed in accordance with law from the stage of grant of inspection of documents.