SHYAMLENDU KAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner assails the order dated 25.5.2000, passed in OA No. 61/1997, by the Central Administrative Tribunal, Principal Bench, New Delhi (for short 'the Tribunal'). The Tribunal rejected the petitioner's Original Application, wherein he had challenged the penalty imposed upon him of reduction to the lowest in pay in the same time scale. His pay was reduced from the stage of Rs. 1440/- in the same time scale of Rs. 1200/-2040 (RPS) to Rs. 1200/- for a period of one year which had the effect of postponement of his future increment. He also sought that his period of suspension i.e. 19.8.1988 to 19.9.1988 be treated as period spent on duty for all purposes and also prayed for all consequential benefits.

(2.) Petitioner was working as Inquiry and Reservation Clerk in the Northern Railway, Reservation Office in the IRCA Building, New Delhi. On 3.8.1988, he was manning the Counter No.5 along with his helper Sh. Mohd. Islam. A decoy check was conducted by a team of Vigilance Inspectors on the basis of some information claimed to have been received that the staff of Current Reservation Counter at New Delhi Railway Station, dealing with the reservation of Train No. 16-Up (GT Express), were demanding and collecting extra money over and above the charges in allotment of berths to needy passengers.

(3.) Departmental proceedings were initiated against the petitioner. The Inquiry Officer in his report concluded that the aspect of demand of money by the charged officer was not proved. However, the aspect of acceptance of excess money by the charged officer was proved. The Inquiry Officer notes that only two witnesses attended the hearing. The other witnesses did not turn up on any of the sittings. Their examination was dispensed with in consultation with the defence.