UNION OF INDIA Vs. GAYA PRASAD

JUDGEMENT

(1.) By means of this writ petition, the Petitioner has prayed for quashing the impugned judgment and order dated 10.8.2009 passed by Respondent No. 2, the Central Administrative Tribunal, Allahabad by which the Tribunal has allowed the Original Application No. 1624 of 2001 of Respondent No. 1 thereby entitling him for the pay benefits as if no penalty had been imposed upon him.

(2.) We have heard learned Counsel for the parteis and perused the record.

(3.) The learned Counsel for the Petitioner as per contents of the petition contended that Respondent No. 1 Gaya Prasad while working as a Supervisor Grade 'B' was served with a charge-sheet in an enquiry against him under Rule 14 CCS (CCA) Rules, 1965 on 26.8.1986 for gross misconduct for unauthorizedly preparing of IPW Cards of Gang No. 36 and 128 for the month of July 1986 and fraudulently handed over the same to Sri Mohd. Mateen Khan showing failure to maintain absolute integrity and devotion to duty merely in order to earn his wages fraudulently. The Inquiry officer found the charge levelled against him proved. The disciplinary authority after considering the finding of the Enquiry Officer in the enquiry report imposed a penalty of stoppage of two increments with cumulative effect upon Respondent No. 1 vide order dated 3.12.1988. Against the punishment order, the Respondent in spite of filing an appeal before the appellate authority, filed an O.A. No. 12/1993 before Respondent No. 2 the Central Administrative Tribunal, Allahabad, which was disposed of by the Tribunal with the direction to Respondent No. 1 to file an appeal within a month before the appellate authority and the appellate authority shall decide the appeal within a period of three months. The Respondent No. 1 submitted the said appeal on 14.12.2000 which was rejected by the Petitioner No. 2 the Director General, Ordinance Factories, vide order dated 19.2.2001. The Respondent No. 1 challenged the appellate order thereby filing OA No. 1624/2001 before the Tribunal which was contested by the Petitioners and after exchange of affidavits the Tribunal had decided the Original Application vide impugned judgment and order dated 10.8.2005, thereby allowing the O.A. And quashing the impugned order of punishment.