UNION OF INDIA Vs. MADHUP KUMAR

JUDGEMENT

(1.) Heard Sri Sharad Kumar Srivastava, learned counsel for petitioners and Sri Rajeev Singh, counsel for respondent.

(2.) This writ petition under Art. 226 of Constitution of India has been filed assailing judgment and order dated 16.04.2009 passed by Central Administrative Tribunal, Lucknow Bench, Lucknow (hereinafter referred to as "Tribunal") allowing Original Application no. 548 of 2001 and setting aside punishment order, and directing petitioners to reinstate applicant respondent in service from the date of removal with all consequential benefits.

(3.) Learned counsel for petitioners submitted that Tribunal erred in law in holding that order dated 26/27.04.2001 is illegal having been passed beyond the statutory period of six months by an authority who is not competent for the same. He further submits that guilt and charge of applicant respondent has been proved, still Tribunal has interfered with the punishment order on the ground that it is disproportionately harsh and excessive, though it was a case of temporary embezzlement and therefore, punishment was adequate.