UNION OF INDIA AND OTHERS Vs. QADIR MOHAMMAD

JUDGEMENT

(1.) IN this writ petition challenge has been thrown by the Union of India against the judgment and order passed by the Central Administrative Tribunal, Allahabad on 3.12.2008. Relevant portions for due consideration of the order are quoted hereunder:

(2.) FROM the order impugned, we find that three major issues have been considered by the Tribunal. Firstly, the appellate authority has modified the order after a lapse of six months' period which has been provided under Rule 29 of the CCS (CCA) Rules made applicable here. Secondly, that incumbent has retired voluntarily and, thirdly, the appellate authority has set aside the order and directed to initiate major penalty against the applicant.

(3.) SECONDLY , so far as voluntary retirement is concerned, it has been sanctioned by the same authority who has imposed punishment order but on inquiry we have come to know that no disciplinary proceeding has been initiated or taken as against such disciplinary authority. Therefore, how the employee opted for voluntary retirement and granted thereto, will be made victim of the circumstances, is unknown to this Court or any other nature of activity has to be established beyond doubt otherwise not. Moreover, in case of fraud, involvement of two parties are necessary. Therefore, in case of fraud, both, who has granted the voluntary retirement and who has obtained the voluntary retirement, could have been involved. But when no action has been taken against the disciplinary authority, who himself passed an order of voluntary retirement, the case of fraud, if any, cannot be said to be proved at all. It appears to us that only to protect the interest of somebody in the department, the Union of India is trying to make the incumbent as "escape goat."'