UNION OF INDIA Vs. A A MAKWANA

JUDGEMENT

(1.) Whether reporters of Local Papers may be allowed to see the judgment" being aggrieved by and dissatisfied with the order passed by the Central Administrative Tribunal, Ahmedabad bench (hereinafter referred CAT) in O.A. No.96/92, decided on 6th March, 2000 whereby the CAT has set-aside the order of punishment imposed upon the respondent (original applicant before the CAT) by the appellate authority as well as the order of the disciplinary authority and has directed the petitioner (original respondent before the CAT) not to treat the applicant as "reverted" and further directed that all the consequential benefits available to the respondent be allowed to him as per the rules.

(2.) Briefly stated, the facts of the case pleaded by the petitioner are that the respondent was in the service of the petitioner as Senior TTI. The respondent was on duty on 5th April, 1990 in Gujarat Express, going from Ahmedabad to Bombay Central, in Sleeper Coach S-9. Soon after the train left Nadiad station, a Vigilance Inspector of the Railways carried out a surprise check, during which it was allegedly found that the applicant had allotted Berth No.1 and 2 to one Shri Gulabchand and his son, though RAC listed passengers were not allotted any berth. Further, it was found by the Vigilance Inspector that the berths were allotted to Gulabchand and his son after accepting a bribe of Rs.20/-. It was also found that there was a shortage of Rs.40/- after verification of the cash with the respondent at that point of time.

(3.) The matter was referred to the superior authority and the present respondent was served with a charge-sheet. The Inquiry Officer found him guilty of charges levelled against him and as a consequence thereof, the disciplinary authority imposed the major penalty of removal from service upon the respondent. The respondent challenged this order of punishment before the appellate authority. The appeal of the respondent was partly allowed and the penalty of removal from service was reduced to that of reduction in rank as Senior TC in the grade of Rs.1200-2040 at the minimum of scale for a period of three years with the direction that thereafter he would be reverted back to his original position in the grade of Rs.1600-2660, at the stage from where he was removed from service namely Rs.1750. The respondent thereafter challenged the orders of the disciplinary authority as well as the appellate authority by filing original application before the CAT, the decision of which has been assailed by way of the present Special Civil Application.