NILESHKUMAR MANSUKHLAL VYAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was serving as TNC / PCC with respondent No. 3. He was served with the charge-sheet on 26.09.1996. The charge was serious one. It was alleged in the charge-sheet, that he committed serious misconduct by getting an appointment in Railway as TNC by adopting corrupt practice by creating fake and bogus documents with the help of one Shri Arvind Chaturvedi, Senior Clerk, DRM Office, ET Section, BVP.

(2.) For the aforesaid charge, regular departmental inquiry was held against the petitioner. On completion of the inquiry, I.O. submitted detailed report on 19.07.1999 holding, that the charge leveled against the petitioner was proved. Relying on it, the Disciplinary Authority imposed penalty of removal from service by its order dated 29.11.1999. Against which he filed an appeal, which was dismissed by the Appellate Authority on 23.10.2001. Those orders of the removal and dismissal of appeal were challenged by the petitioner before the Central Administrative Tribunal, Ahmedabad (for short, 'Tribunal') by way of filing O.A. 580 of 2002, which was dismissed by the learned Tribunal by its impugned judgment and order dated 07.05.2004, which is challenged in this petition.

(3.) Shri Joshi, learned advocate for the petitioner submitted that there was no evidence in this case to come to the conclusion that the petitioner was involved in getting appointment by producing fake and bogus documents in connivance with Shri Arvind Chaturvedi. In spite of it, the Disciplinary Authority relying on the report of the I.O. removed him from the service. There is no substance in this submission. There was ample evidence on record to show that the petitioner indulged himself in corrupt practice in creating appointment by producing fake and bogus documents. The learned Tribunal has also found in para 5 of its order that there was sufficient evidence. Hence, this contention of Mr. Joshi is rejected.