UNION OF INDIA Vs. A BALASUBRAMANIAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner as well as the learned counsel for respondent No.1

(2.) The writ petition has been filed by the Union of India challenging the order dated 20.7.2007 in O. A. NO.611 of 2006 of the Central Administrative Tribunal of Madras Bench. An application had been filed by the first respondent herein challenging the order issued by the Government of India, Ministry of Communications and Information Technology, Department of Telecommunication in Order No.8-8/2000-Vig. II dated 21.6.2006 imposing a minor penalty of reduction of pay by one stage without accumulative effect. The Tribunal quashed the penalty awarded to the applicant and the Union of India challenges the same by means of this writ petition.

(3.) The gravamen of the charge was that the petitioner during his tenure of office as Director of Microwave Project, Bhuvaneshwar had committed gross irregularities by enhancing the monthly drawing limit of the DET, Jeypore, from Rs.5 lakhs to Rs.40 lakhs that had enabled in the purchase of CI pipes from a private firm viz. , M/s Lipika Enterprises without verifying the details of the purchases resulting in avoidable expenditure of Rs.65 lakhs. The charge had been found as partly proved in the sense that there was no material on record on the basis of which the applicant had come to the conclusion that the monthly drawing limit needed to be raised. But, there was no charge against the applicant that he had approved of any purchase of items which were not required or he had sanctioned any expenditure for that purpose.