UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) HEARD Shri K. C. Sinha, learned counsel for the petitioner. Shri Amit Sthalekar appears for the heirs of the delinquent employee, who had died on 31. 7. 2005 and was substituted by his heirs in the Central Administrative Tribunal (CAT ).

(2.) THE Union of India and others have challenged the order passed by CAT by which the Tribunal has allowed the Original Application with the findings that there was no evidence against the deceased delinquent employee to establish the charges of fraud of withdrawing the amount of Rs. 57,000/- from an account at post office Baraut.

(3.) WE have gone through the entire enquiry report, and the evidence annexed by the petitioner along with the writ petition. WE do not find that the conclusion drawn by the CAT are in any way incorrect. The CAT appreciated the entire evi dence and found that there was no evidence to connect the deceased delinquent employee with the allegations constituting the charge. The CAT heavily relied upon the conclusion drawn by the enquiry officer and found that the conclusion drawn by the enquiry officer are by way of surmises and conjectures based on the oral evidence regarding influence exercised by the deceased delinquent employee in opening of the account.