UNION OF INDIA Vs. DALJIT SINGH

JUDGEMENT

(1.) The petitioner Union of India has preferred the present writ petition under Article 226 of the Constitution of India to assail the order dated 29.02.2008 passed by the Central Administrative Tribunal, New Delhi, ('CAT' for short) in M.A. No. 1599/2007 in O.A. No. 263/2007.

(2.) The facts, in brief, are that while working as SSO (Books), the respondent was proceeded against for a major penalty charge under Rule 9 of the Railway Servants (Discipline & Appeal) Rules, 1968, by charge-sheet dated 23.11.2005. The allegations against the respondent was that while working as SSO in Books Section (Construction Accounts Office), Northern Railway, Kashmere Gate, Delhi, the respondent had issued a cheque dated 05.10.2005 for Rs. 39,59,300/- in favour of one M/s B.M. Construction Pvt. Ltd. with one signature only as against two signatures required on cheques of Rs. 10 lacs and above as per extant instructions. As a result, the said cheque was dishonoured by the Reserve Bank of India, Mumbai and delay in payment to the contractor resulted in completely stopping the work of an important site for 20 days.

(3.) The petitioner, vide communication dated 27.09.2006 withdrew the aforesaid charge-sheet 'without prejudice' to the petitioner and on the same day, another charge-sheet was issued to the respondent by the petitioner in relation to the same subject matter. The modified article of charge alleged that the respondent, 'was found responsible for issuance of cheque .........Shri Daljit Singh, SSO, should have obtained signatures of two authorised signatories...........before sending them to cheque writer. Due to his slack supervision, the said cheque was dishonoured by Reserve Bank of India...........'. The petitioner states that the earlier charge-sheet was withdrawn 'without prejudice' on account of certain objections being raised by the Vigilance Branch.