POORNA SINGH KAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) 1. This is a petition under Article 226 of the Constitution of India seeking quashing of order dated 10th April, 1989 imposing a penalty of stoppage of one increment without cumulative effect for the misconduct committed by the petitioner and for refund of Rs. 3,998/- falsely claimed as LTC expenses and for quashing of order dated 11th September, 1990 of the Appellate Authority and order dated 21st March, 1991 of the reviewing authority.

(2.) THE brief facts to comprehend the controversies are that the petitioner was posted as Assistant Engineer in Kahalgaon, Super Thermal Power project in Bihar and he went on leave travel concession to Bombay on 8th May, 1983 and returned from Bombay to New Delhi on 13th May, 1983. The petitioner alleged that he purchased first class ticket for himself and his six family members dependant on him for both sides of the journey. The plea of the petitioner is that for the journey to Bombay their tickets were not confirmed and they could not get proper berths, however, they were accommodated and they travelled sitting throughout the journey. While returning from Bombay on 13th may, 1983 the tickets of the petitioner were not confirmed and they were wait-listed and consequently the petitioner and his family members boarded the train at night in second class. The petitioner alleged that the Railway Travelling ticket Examiner had assured that the petitioner and his family members shall be accommodated at Surat. Since no accommodation was available in first class, he was left with no choice but to travel in second class upto Surat and thereafter they sat in first class compartment unreserved upto New Delhi.

(3.) THE assertion of the petitioner is that he submitted his LTC claim bill on 12th August, 1983 amounting to Rs. 3,998/- towards his claim for both onward and inward journeys undertaken by the petitioner and the members of his family against an advance of Rs. 4020/- and a refund of Rs. 22/- of travelling allowance advance was also made. The claim of Rs. 3,998/- was allowed and passed by the competent authority.