UNION OF INDIA Vs. T.P. VENUGOPAL

JUDGEMENT

(1.) PRESENT writ petition has been filed by the petitioner Union of India assailing the order dated 10.4.2006 of the Central Administrative Tribunal (hereinafter referred to as CAT) allowing OA No. 110/2005 filed by the respondent. Challenge in the OA was to order dated 22.1.2004, passed by the President whereby respondent was found guilty of grave misconduct and grave negligence and was imposed penalty of 20% cut in monthly pension for five years and 20% cut in gratuity otherwise admissible to the respondent. CAT by the impugned order quashed the cut in monthly pension and gratuity holding the same to be illegal since it was imposed without returning a finding of there being grave misconduct or grave negligence.

(2.) THIS case has a checkered history. Respondent was working as Senior Accounts Officer in the office of the Controller of Accounts. While in service he was charged under Rule 14 of the CCS(CCA) Rules, 1965 and was put under suspension on 29.10.1997. The charge sheet alleged violation of Rule 3(1)(ii) for failing to maintain devotion to duty; Rule 3(1)(iii) for doing something which is unbecoming of a Government servant; 3(2)(i) for failing to supervise and take all possible steps to ensure integrity and devotion to duty of the government servants who were working under him and under his control and authority at the relevant time; 3(2)(ii) for having not performed his official duty in exercise of the power conferred on him and having acted otherwise than to his best judgment and also without the direction of his official supervisor.

(3.) AS noted it is this order dated 10.4.2006 which is under challenge before us in the present writ petition.