UNION OF INDIA Vs. GURDEEP SINGH

JUDGEMENT

(1.) The respondent retired from the post of Depot Maintenance Supervisor in the Railways on 31/10/2015. Prior thereto, he was visited with a charge sheet on 14/5/2013. Inquiry proceedings, as a sequel thereto, culminated into an order passed against the respondent by the Deputy Chief Material Manager on 25/6/2015, by which he was imposed a penalty of reduction in pay by two stages with cumulative effect till retirement along with recovery of ? 6,16,190/-. The respondent preferred appeals against the said order on 5/8/2015 and 26/8/2015, which were dismissed by the Chief Material Manager by order dtd. 1/8/2016.

(2.) Aggrieved thereby, the respondent preferred OA 3407/2016 before the Central Administrative Tribunal 'the Tribunal'.

(3.) Before the Tribunal, the respondent contended that the Chief Materials Manager was not competent to decide the appeal as, in the interregnum, the respondent had retired on 31/10/2015, and the only competent authority who could take action against him was the President of India.