S. PRABAKARAN Vs. REGISTRAR, CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THIS writ petition is filed to quash the order made in Original Application No.295 of 2011 dt. 31.8.2009 wherein the petitioner challenged the order of removal from service which was passed on the ground that petitioner has misappropriated a sum of Rs.2,17,474.85, confirmed by the Appellate Authority. For the Charge Memo issued, the petitioner has admitted the misappropriation and pleaded for lenience. Considering the gravity of charge, the Postal Department has chosen to pass an order of removal from service. Aggrieved by the order of dismissal, the petitioner has preferred O.A.No.295 of 2011. Tribunal has upheld the order of Postal Department by applying the judgment of the Hon'ble Supreme Court reported in (1989) 2 SCC 177 (Union of India v. Parma Nanda) and (1995) 6 SCC 749 (B.C.Chaturvedi v. Union of India and others). The allegations levelled and the facts are bring out as follows: -

(2.) THE only ground raised by the petitioner in this writ petition is that similarly placed persons were let off with lenient punishment and the petitioner has been discriminated by imposing major punishment.

(3.) IT is a well settled proposition of law that if the Department had lost confidence on its employee, Courts are not expected to interfere with the punishment. The Supreme Court in the decision reported in 2007 AIR SCW 4136 : JT 2007 (8) SC 588 (Ramesh Chandra Sharma v. Punjab National Bank & Another). In paragraph 20 it is held thus,