UNION OF INDIA Vs. J. R. SAKHARE

JUDGEMENT

(1.) The present writ petition under Articles 226 and 227 of the Constitution of India seeks to assail the order dtd. 20/12/2017 passed by the learned Central Administrative Tribunal in O.A. No. 2827/2014. Vide the impugned order, the learned Tribunal has allowed the original application (OA) filed by the respondent applicant and has consequently, set aside the penalty order passed by the disciplinary authority on 22/10/2008 as also the appellate order dtd. 14/5/2009.

(2.) From a perusal of the impugned order, we find that the primary ground on which the learned Tribunal has set aside the penalty order as also the appellate order is that the bill dtd. 3/2/1993, which the respondent was alleged to have fabricated was neither produced during the departmental proceedings nor during the criminal proceedings. We may note that in the departmental proceedings, it was the stand of the petitioners that the original bill had been submitted by way of evidence in the criminal proceedings. However, in the criminal proceedings which were concluded subsequently, the respondent has been acquitted on 30/11/2013 on the ground that the original bill which he had allegedly fabricated was not produced.

(3.) In support of the petition, learned counsel for the petitioners submits that even though the original bill was not traceable, an authenticated copy thereof was produced during the enquiry proceedings. The respondent having not raised any grievance at that stage could not be subsequently permitted to urge that he had suffered any prejudice on account of non-production of the original bill, which was fabricated by him. He, therefore, prays that the impugned order be set aside.