UNION OF INDIA Vs. R C GUPTA

JUDGEMENT

(1.) PETITIONER-UNION of India assails the judgment/order dated 14. 8. 2007 passed in O. A No. 2192/2006 by the Central Administrative Tribunal, principal Bench, New Delhi. The Tribunal by the impugned judgment allowed the application of the respondent herein Mr. R. C. Gupta, for quashing the Memorandum dated 29/8/2001, issued under Rule 14 of ccs (CCA) Rules, 1965, alleging misconduct against him and the penalty of reduction of pay by three stages in the time scale of pay till his retirement, with cumulative effect, imposed vide order dated 2/8/2006. The Tribunal while allowing the OA of the respondent held that findings recorded by inquiry Officer suffer from material irregularities resulting in miscarriage of justice.

(2.) BRIEF facts of the case are:-

(3.) LEARNED counsel for the petitioner Mr. R. V. Sinha in support of writ petition, submitted that the Inquiry Officer had duly considered all the facts and circumstances of the case and came to the conclusion that extension of time had been granted to the contractor with the intention of giving him undue benefit by the respondent. He claims that the defence raised by the respondent has also been duly considered. He submitted that the conclusions of the Inquiry Officer and the Disciplinary Authority holding the charges against the respondent as duly proved were based on a fair and just evaluation of the evidence and record. He submitted that it did not lie in the province of the Tribunal to reappraise the evidence. It was urged that the conclusions reached by the Inquiry Officer and the Disciplinary Authority were in conformity with the advice of the UPSC.