UNION OF INDIA Vs. HOLIYABHAI JEMUBHAI VASAVA

JUDGEMENT

(1.) By way of this petition under Articles 226 and 227 of the Constitution of India the petitioners have challenged the order passed by the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad (hereinafter referred to as 'the tribunal') dtd. 17/11/2015 in Original Application No.251 of 2011 whereby it quashed and set aside the orders dtd. 31/3/2004 and 12/4/2011 by the disciplinary authority and appellate authority respectively and the matter was remanded back to the disciplinary authority to take appropriate view for imposing lesser punishment other than dismissal from service and removal from service within a period of two months from the date of receipt of copy of the order and the respondent was directed to be reinstated in service.

(2.) This case has a very checkered history as narrated hereunder.

(3.) Mr. Harsheel Shukla, Central Government Standing Counsel, learned advocate has vehemently submitted that the scope of judicial review is very limited in disciplinary action taken against the respondent for unauthorized absence, without getting leave approved as also retaining cash amount of Rs.6836.05 for a period of six days, which ultimately came to be deposited by him with the authority, claimed to be temporarily misappropriated. To the charge memorandum issued, the respondent attempted to explain that he fell sick, and therefore, he could not get his leave sanctioned prior to proceeding on leave. He has further explained that the B.O bag containing cash was intact and it was not even opened by the delinquent. It is because of illness he could not report for duty and get it deposited before the competent authority. However, the said explanation offered by the delinquent did not find favour with the disciplinary authority and finding of guilt was recorded against him by imposing punishment in the form of dismissal from service under Rule 9 of the Department of Posts, Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 (hereinafter referred to as 'the Rules').