UNION OF INDIA Vs. SHIV RAJ SINGH MEENA

JUDGEMENT

(1.) The present petition has been filed challenging the order dated 12th November, 2013 in OA No.1443/2012 passed by the Principal Bench of Central Administrative Tribunal (CAT), New Delhi whereby the present Petitioners were directed to reinstate the present Respondent with all his service benefits.

(2.) The brief facts as mentioned in the petition are that the Respondent was initially appointed as a Booking Clerk in the Railway Department on 26th December, 1996. The Vigilance Department conducted a check on 25th May, 2004 in the Booking Office, Ambala Cantt where Respondent was handling Counter No.4 and it was found that he had committed serious irregularities. A major penalty charge sheet was issued to the Respondent and he was suspended on 16th June, 2004.

(3.) The Disciplinary Authority appointed an Inquiry Officer on 8th December, 2004. The Respondent on 11th April, 2005 asked for a change of Inquiry Officer but this request was not accepted. The Respondent was asked to appear in the enquiry on 11th May, 2005. The Respondent did not appear before the Inquiry Officer for almost two years from 9th November, 2005 to 25th September, 2007. Document No.16 was supplied to Respondent by the concerned Authority on 1st May, 2006 and all the additional documents as desired by the Respondent were provided to him on 27th September, 2006.