UNION OF INDIA Vs. YUVRAJ GUPTA AND ORS.

JUDGEMENT

(1.) BY way of the present writ petition, the petitioner has challenged the order dated 17.02.2014 passed by the Central Administrative Tribunal, Principal Bench at New Delhi (hereinafter referred to as 'the Tribunal') in O.A. No. 1529/2012 whereby the Tribunal has quashed and set aside the memorandum dated 30.10.2008 issued against the respondent No. 1 under Rule 14 of CCS (CCA) Rules, 1965 and directed the petitioner to release the withheld terminal/pensionary benefits which have been withheld.

(2.) THE brief facts necessary for considering this writ petition are that the respondent No. 1 was served with the following Articles of Charge along with 39 documents and Nil witnesses to sustain them as under: -

(3.) MR . Sanjeev Narula, learned counsel appearing on behalf of the petitioner submits that the impugned order passed by the Tribunal is based on wrong facts which deserves to be quashed in the interest of justice. The counsel further submits that the present case is an off -shoot of the CBI investigation in case No. RC AC I 2004 A 0001 registered against the respondent No. 1 wherein, he was found in possession of assets worth approximately Rs. 29 Lakh disproportionate to his known sources of income. Simultaneously, Regular Disciplinary Action (RDA) for major penalty proceedings was also initiated against him vide Charge Memo dated 30.08.2008 for not providing the office with the information about the cheques/DDs received as gifts by his family members in violation of the provisions of Rule 13 of the CCS (Conduct) Rules, 1964.