UNION OF INDIA Vs. CHANDRAKANT SAKHARAM JOSHI

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. By consent of parties, Petition is heard finally.

(2.) The Union of India set up a challenge to the judgment and order dtd. 25/11/2010 passed by the Central Administrative Tribunal Mumbai (Tribunal) in Original Application No. 148 of 2006. The Tribunal has set aside the order passed by the disciplinary authority, appellate authority and reviewing authority and has directed reinstatement of respondent from the date of his removal from service. Petitioners have been further directed to determine the treatment to be given to the period from the date of removal to reinstatement. Respondent has been directed to be given all consequential benefits. When the present petition came up on 20/12/2011, this court while admitting the petition, stayed the order of Tribunal. On account of stay granted by this court, the order of Tribunal has not been implemented.

(3.) Respondent, while working as a Senior Booking Clerk in the Mumbai Division of Central Railway, was served with memorandum of charge sheet dtd. 15/3/2001. It was alleged in the charge sheet that he was found in possession with 24 earlier issued and accounted for tickets with an intention to resell them. It was further alleged that during vigilance check, an amount of Rs.300.00 was found excess in his private cash and an amount of Rs.52.50 was found in short in railway cash. After holding departmental enquiry, the Inquiry Officer gave report dtd. 26/9/2001 holding all three charges leveled against respondent as proved. The Disciplinary Authority passed order dtd. 14/12/2001 holding respondent guilty of all the 3 charges and imposed penalty of removal from service on him. The Appellate Authority rejected the appeal by order dtd. 5/3/2002. Revision petition filed by respondent was rejected by order dtd. 14/1/2005.