UNION OF INDIA Vs. M B R PATEL

JUDGEMENT

(1.) Rule. Mr.P.H.Pathak waives service of Rule on behalf of the respondent. With the consent of the advocates for the parties, the matter is taken up for final hearing and disposed of by this judgment.

(2.) Through this petition, the Union of India has challenged the order passed by the Central Administrative Tribunal, Ahmedabad Bench in O.A.No.361 / 1999 dated 5th May, 2003 whereby the Tribunal has set aside the punishment order passed by the petitioner against the respondent, on the ground that the punishment is arbitrary and based on no evidence, therefore, liable to be quashed.

(3.) The petitioner served charge sheet on the respondent. Departmental inquiry was initiated against the respondent and completed. In departmental inquiry, all six charges are found to be proved by the inquiry officer and the disciplinary authority held that Article Charge No.I, III, IV and VI are proved, whereas, Article Charge-II and V are not proved. The disciplinary authority imposed punishment on the respondent being reduction of pay of Rs.1440.00 for a period of three years with effect from October 1, 1990. Precisely, it was ordered that pay of the respondent should be reduced by four stages from Rs.1600.00 to Rs.1440.00 in the time scale of pay of Rs.1400-2300.00 for a period of three year with effect from 1st October, 1990 and the respondent is not entitled to earn increments during the period of reduction and that on expiry of this period, reduction will have an effect of postponing his future increment of pay. This order is passed by the disciplinary authority on September 19, 1990. Against the said order, respondent filed departmental appeal which was rejected on ground of delay. After rejection of the appeal, the respondent approached the Central Administrative Tribunal by filing O.A.No.961 / 1995 wherein, the Central Administrative Tribunal directed the appellate authority to review its order by restoring the appeal to the file and hear it on merits ignoring the delay and take decision in the matter within a period of twelve weeks from the date of receipt of copy of the order and to communicate its order to the respondent within a period of two weeks. Thereafter, the appellate authority decided the appeal on merits by order dated October 10, 1996. The appellate authority considered the judgment of the Chief Judicial Magistrate, Navsari, whereby the respondent was acquitted. The appellate authority has modified the punishment considering the decision in the criminal case that of reduction of his pay by one stage from Rs.1600.00 in the time scale of Rs.1400-2300 for a period of two years with effect from October 1, 1990 with direction that he would not earn increment of pay during the period of reduction and on expiry of this period, reduction will not postpone future increment in pay. However, there was some administrative mistake in mentioning the scale of the respondent therefore, that order has been modified by order dated 28th May, 1997. The respondent was acquitted in Criminal Case on April 27, 1993. Therefore, the respondent again filed O.A. No.361 / 1999 before the Central Administrative Tribunal, Ahmedabad Bench, allowed by vide order dated May 5, 2003, under challenge in this case.