UOI & ANR Vs. R V YADAV

JUDGEMENT

(1.) The grievance of the petitioner Union of India (UOI) in these proceedings is against the order of the Central Administrative Tribunal (CAT/ Tribunal) dated 19.09.2006 allowing O.A. No.2541/2005 filed by the respondent/ applicant.

(2.) Brief facts are that the respondent/ applicant was working as Assistant Registrar of Trademarks when on 25.03.1998, allegations were levelled against him for having accepted illegal gratification for allotting trademark on 26.03.1998. As a matter of fact, these allegations led to investigation and criminal proceedings and registration of FIR No.RC-16(A)/98 by the Central Bureau of Investigation (CBI). However, the investigation culminated in a final report recommending closure; that report did not find any evidence regarding the allegations of acceptance of illegal gratification imputed against the applicant. The closure report was accepted by the Special Judge by order dated 25.04.2004.

(3.) In the meanwhile, upon recommendations of the CBI, disciplinary proceedings were initiated by issuance of a charge sheet under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 for major penalty. These proceedings culminated in findings of guilt by the Inquiry Officer; a copy of the report was furnished to the respondent/ applicant, who represented against it.