UNION OF INDIA Vs. BALAKRISHNAN THIRUVENGADAM MUDALIAR

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally with the consent of learned Counsel for the Petitioner and the learned Counsel for the Respondent.

(2.) This petition is filed by the Union of India challenging the judgment and order dtd. 9/8/2018 passed by the Central Administrative Tribunal (Tribunal) in Original Application No. 787/2010. Petitioners are aggrieved by the direction of the Tribunal for payment of arrears of salary during the intervening period of compulsory retirement till reinstatement in service.

(3.) The case has a checkered history. Respondent was appointed as a Driver in the Central Excise Commissionerate at Mumbai on 30/3/1989. He was deputed to drive a vehicle to Alibaug, Murud, Srivardhan and Mahabaleshwar in connection with some wireless maintenance work at the relay stations during 4/6/2003 to 8/6/2003. One Shri. S. A. Keer, Cashier wanted to join the journey till Mahabaleshwar in connection with his own work. It is alleged that one person identified as Shri. A.K. Pasha handed over some money to Shri. Keer, who requested Respondent to count the same. After counting Respondent returned the money to Shri. Keer. The amount was handed over by Shri. Keer to Shri. M. S. Kamble, a Clerk in the office. The Anti-Corruption Bureau of Central Bureau of Investigation had laid a trap and they apprehended Shri. Keer, Shri. Kamble and the Respondent. Respondent was arrested and kept under deemed suspension w.e.f. 5/6/2003, which was revoked in April 2004. While Shri. Keer was prosecuted, no prosecution was launched against Respondent. A Memorandum of Chargesheet for holding departmental enquiry was issued to Respondent on 13/9/2004 on the allegation of knowledge about receipt of amount by Shri. Keer towards illegal gratification and not discouraging Shri. Keer from doing so.