CHAIRMAN AND MANAGING DIRECTOR Vs. R VASANTHA RAJ

JUDGEMENT

(1.) The First Respondent/Applicant as petitioner preferred Writ Petition in W.P. No. 8085 of 2005, which was transferred to the Central Administrative Tribunal and re-numbered as T.A. No. 33 of 2009, praying for issuance of an order to call for the records pertaining to the proceedings in No. 235-52/ 05-O&M/44 dated 28.1.2005 of the Second Respondent and to quash the order passed therein. Further, he has also sought for issuance of direction to the Respondents/Department (petitioners in the present W.P.) to drop the punishment imposed against him in the original order dated 13.8.2001 passed by the Third Respondent and consequently restore all the service benefits including monetary benefits to him by issuing a writ of certiorarified mandamus or any other appropriate Writ, Order or direction and pass such further or other orders as this Court may deem fit and proper.

(2.) It is not in dispute that the Writ Petitioners/Respondents (Department) initiated disciplinary proceedings under Rule 16 of the CCS (CCA) Rules, 1965. In the course of inquiry, the First Respondent/Applicant took a stand with regard to security not provided to him at the time of carrying the cash. The Inquiry Officer completed his inquiry after absorbing all formalities and submitted his report. Consequent to the report of the Inquiry Officer, the Second Petitioner inflicted the penalty of reduction of pay by one stage for a period of three years and also recovery of money lost amounting to a sum of Rs. 4,61,201/-.

(3.) The First Respondent/Applicant being aggrieved against the said order of punishment imposed by the Competent Authority, projected an appeal before the Appellate Authority and on appeal, the Appellate Authority, after going into the matter in threadbare, reduced the punishment awarded to him to that of reduction of pay by one stage for a period of two years and recovery of Rs. 4,61,201/-.