UNION OF INDIA Vs. PARESHKUMAR HARIPRASAD VAISHNAV

JUDGEMENT

(1.) This writ petition is preferred by Union of India through Secretary, Ministry of Communication and Information Technology, Department of Post, whereby judgment and order dated 29.9.2015 passed in O.A. No.251 of 2012 directing the petitioner to reinstate the respondent in service within one month while remanding the matter to the disciplinary authority and to pass an appropriate order within three months for imposing lesser punishment.

(2.) At the outset, Shri Niral Mehta, learned Standing Counsel appearing for the petitioner has taken us to certain findings of fact by disciplinary authority, which came to be upheld and confirmed by the appellate as well as revisional authority and the Central Administrative Tribunal believed no illegality or irregularity of any nature in passing such order and, inspite of above, the directions given to which reference is made herein above, whether could have been given in a case of proved misconduct of misappropriation of money belonging to public exchequer. In short, in a case of proved misconduct of misappropriation and so believed by the Tribunal any order of reinstatement and also imposing a lesser punishment other than removal could have been passed.

(3.) In the above scenario, a brief mention of certain facts giving rise to this petition including nature of charge against the delinquent are as under.