UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE Union of India, Union Public Service Commission and the Central Vigilance Commission have filed this writ petition against the order passed by the Tribunal in O.A.No.685 of 2003 dated 16.4.2004. Such Original Application had been filed by the present Respondent No.2 for quashing the order of penalty dated 25.11.2002, whereunder a penalty of 10% cut in the pension for a period of two years without cumulative effect had been imposed. THE Tribunal under the impugned judgment has quashed such punishment with liberty to the present petitioner No.1 to proceed afresh in the departmental proceedings.

(2.) THE facts giving rise to filing of such Original Application and the present Writ Petition are as follows:- 2.1 THE present Respondent No.2 was working under the Union of India in the Income Tax Department. While he was working as Director of Income Tax, a Memorandum of Charges dated 18.2.1998 was issued proposing to hold an enquiry under Rule 14 of the CCS (CCA) Rules, 1965 and Rule 3(1)(i) and 3(1)(iii) of the CCS (Conduct) Rules. Such Memorandum of Charges was to the following effect:-

(3.) THE report of the enquiry officer as well as the order passed by the disciplinary authority are on record and we have carefully gone through those materials. On going through the report of the enquiry officer, it is apparent that the enquiry officer had found that the article of charge to the effect that the delinquent did not obtain prior permission and had violated Rule 7 of the House Building Advance Rules and failed to explain the source of investment in the additional construction having been proved. THE opinion of the UPSC as well as the CVC more so the latter to some extent had accepted the explanation of the delinquent regarding the source of investment and keeping in view the various factors, had advised for leniency and suggested for penalty. THE disciplinary authority seems to have accepted such advice and imposed the punishment.