ASHOK C PRAJAPATI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, an exemployee of the Department of Telecom, has filed this petition challenging the judgment of the Central Administrative Tribunal, Ahmedabad (for short 'Tribunal') dated July 09, 2009 passed in Original Application No.255 of 2007.

(2.) BRIEF facts are as under :

(3.) LEARNED Senior Counsel Shri Bhaskar Tanna for the petitioner vehemently contended that there was no evidence to establish the charge against the petitioner. Mere suspicion cannot take the shape of proof and in absence of any evidence on record, the Disciplinary Authority erred in holding that the petitioner had committed the misconduct. He drew our attention to the Inquiry Officer's report to contend that according to the Inquiry Officer, there was no proof of involvement of the petitioner. If that be so, no punishment could have been imposed. He contended that there was no evidence produced by the Department to establish that the petitioner was the sole person who could have misused password and installed the facilities in the telephone numbers in question.