RITES LTD. Vs. AVDESH KUMAR SHARMA

JUDGEMENT

(1.) Learned Central Administrative Tribunal, Principal Bench, New Delhi vide order dtd. 1/3/2024 in O.A. No.534/2022 has allowed the application preferred by respondent No. 1, thereby setting aside Charge Memorandum dtd. 31/7/2020 issued by the petitioner - RITES Limited; Disciplinary Authority's order dtd. 23/7/2021 and Appellate Order dtd. 20/12/2021 with direction to the petitioner to re-fix pension and other consequential benefits in respect of respondent No. 1 w.e.f. the date of his retirement on 31/12/2020, in the rank of General Manager (Pay Rs.152600.00 in scale of Rs.120000.00280000) and release the dues within a period of eight weeks. The aforesaid order dtd. 1/3/2024 passed by the learned Tribunal has been assailed in the present petition by the petitioner.

(2.) The facts giving rise to the present petition, as spelt out by the petitioner in the present petition, are that respondent No. 1 had joined the services of petitioner on the post of 'Assistant Manager' in September, 1990 and after earning promotions, he reached up-to the level of General Manager. According to the petitioner, respondent No. 1 had acquired a residential property at Andheri (W), Mumbai on 17/11/2009, however, intimated about acquisition of a commercial property as Andheri (W), Mumbai on 16/12/2013. The source of acquisition of the said property mentioned by respondent No. 1 was loan from bank and personal savings.

(3.) During scrutiny of the property returned by the Vigilance Department of the petitioner, respondent No. 1 reiterated the same position in respect of the said property vide letter dtd. 24/5/2016. Additionally, respondent No. 1 also informed that the said property will fetch rent of Rs.60,000.00 per month, which is being remitted in the Axis Bank towards loan amount against him.