N KOTHANDAPANI Vs. UNION OF INDIA; CHIEF COMMERCIAL MANAGER; ADDITIONAL DIVISIONAL RAILWAY MANAGER; SENIOR DIVISIONAL COMMERCIAL MANAGER; CHIEF VIGILANCE OFFICER; REGISTRAR CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) The prayer in the writ petition is for the issuance of a writ of certiorarified mandamus to call for the records relating to the order dated 16.09.2014 passed by the sixth respondent in O.A.No.355 of 2011 confirming the order dated 31.01.2011 in No.P(A)/86/2008/487 of the second respondent and the order dated 19.01.2010 of the third respondent herein in M/CON/C/1445; to quash the same and consequently to direct the respondents 2 to 4 herein to reinstate the petitioner into service with all attendant benefits.

(2.) The crux of the case is as follows:

(3.) Learned counsel appearing for the petitioner submits that the Tribunal has fell into error in not considering any of the grounds raised by the petitioner and in dismissing the application by confirming the order passed by the Appellate Authority. She further submitted that the second charge levelled against the petitioner was not proved in a manner known to law. Even in the criminal case filed, the petitioner was acquitted. In such circumstances, the Tribunal ought to have considered the case of the petitioner and set aside the punishment imposed upon him. She also submitted that for the charges levelled against the petitioner, the penalty imposed is too disproportionate. Accordingly, she prays for setting aside the same.