UNION OF INDIA Vs. VAKUL VARDHAN GAUTAM

JUDGEMENT

(1.) In this writ proceeding under Article 226 of Indian Constitution, the petitioner, Union of India (here after the "UOI") challenges an order of the Central Administrative Tribunal ("CAT") dated 03.03.2011. By that order, the CAT set aside the charge sheet issued against the respondent (hereafter "the applicant").

(2.) In 1982, the applicant joined the Central Revenues Control Laboratory and thereafter, he was serving in the Small Scale Service Institution and Patent, Design and Trademark Department. On 31.10.1993 he joined the services of the petitioner as a direct recruit Superintendent through UPSC and in June 2002 he was posted to Inland Container Depot, Tughlakabad, New Delhi.

(3.) In January 2003, the applicant received information that a group of companies are indulging in evasion of duty by resorting to misdeclaration. On the basis of information submitted to authorities, and after conducting necessary investigation under the supervision of higher authorities, he submitted the file pertaining to the investigation to the authorities concerned. He also recorded the statement of the Managing Director of the company in question. While the inquiry against the company was going on, the applicant was placed under suspension between 20.01.2004 and 17.10.2006. His statement was recorded in the meantime. Inquiry against the said company was concluded and fine was imposed on both the company as well as Director. The fine imposed was also collected.