UNION OF INDIA Vs. REGISTRAR CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) The prayer in the writ petition is for the issuance of a writ of certiorari to call for the records of the first respondent in O.A.No.913 of 2010 including the order dated 29.09.2011 and to quash the same.

(2.) The brief facts of the case runs as follows:

(3.) Learned Standing Counsel appearing for the petitioner-Railways submits that the Tribunal failed to see that the responsibility has been fixed on the second respondent only after conducting due enquiry as per the Railway Services (Discipline and Appeal) Rules, 1968. Further, the misappropriation has taken place due to the dereliction of duty by the second respondent, who was in the supervisory capacity at that point of time . He further submits that the reasoning given by the Tribunal, while allowing the application filed by the second respondent that, since the second respondent was already imposed with the penalty of Censure, if the recovery is imposed, the same would amount to double jeopardy and the same is unsustainable in law. The recovery has been ordered only because of the loss caused to the public exchequer. Accordingly, he prays for setting aside the order passed by the Tribunal.