UNION OF INDIA AND ORS. Vs. SHIV KUMAR

JUDGEMENT

(1.) BY this petition filed under Articles 226 and 227 of the Constitution of India, petitioners seek to challenge the order dated 25.03.2014 passed by learned Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No. 3642/2012.

(2.) ADDRESSING arguments to assail the impugned order Ms. Rashmi Malhotra, the learned counsel for the petitioners submits that the two passengers were found travelling in Train No. 2423, having boarded from Patna and were subjected to vigilance check by vigilance team between Ghaziabad and New Delhi. During checking they were found to be travelling without ticket. The respondent never lodged any complaint against them till the vigilance team could apprehend them between Ghaziabad to New Delhi Station. Counsel also submits that the learned Tribunal has gone wrong in observing that there was no malafide on the part of the respondent and it was a case of sheer negligence on his part. Counsel also submits that it was the duty of the respondent to have properly carried out the checking of the passengers to find out that no passenger is travelling without ticket.

(3.) IT is a settled legal position that generally the findings recorded by the inquiry officer shall not be interfered with, however, this would not mean that the Court will not interfere with in those cases where the order of the Inquiry Officer is inconsistent with the rules of natural justice or where the order is in violation of statutory rules prescribing the mode of inquiry or where the conclusions/findings reached by him are based on lack of evidence. The Supreme Court in Kuldeep Singh v. The Commissioner of Police & Ors., : (1999) 2 SCC 10 held: