UNION OF INDIA Vs. ARUN P. ATTRADE

JUDGEMENT

(1.) The petitioner has challenged the impugned order and judgment dtd. 17/9/2024 passed by the Central Administrative Tribunal at Mumbai in Original Application No.95 of 2023.

(2.) Respondent no.1 was appointed as a junior Pharmacist under the respondent no.4 on 8/12/1979. During service, on 31/7/2013, the respondent no.1 was placed under suspension and charged of having demanded and accepted illegal gratification/bribe of Rs.300.00 from a decoy patient to facilitate issuance of Duty Certificate. The suspension was revoked on 29/1/2014. Thereafter on 13/11/2014, departmental inquiry proceedings were initiated against Respondent No.1 and a charge- sheet was issued. Respondent No.1 superannuated from service on 31/7/2015, whilst the inquiry proceedings were still pending. The inquiry concluded in February 2016. Based on the Inquiry Officer report of 18/3/2016 several years later in 2022, advice from the Union Public Service Commission ("UPSC") was sought regarding the disciplinary action to be taken under Rule 9 of the Railway Services (Pension) Rules, 1993 ("Railway Rules").

(3.) Respondent No.1 submitted a representation challenging the findings of the Inquiry Officer. On 11/11/2022, after considering the UPSC's advice and the inquiry report, the petitioner passed an order imposing the penalty of withholding 100% of the monthly pension otherwise admissible to Respondent No.1 and permanently withholding his entire gratuity. Aggrieved by the order of punishment, Respondent No.1 filed Original Application No. 95 of 2023 before the Tribunal. After hearing the parties, the Tribunal by the impugned order dtd. 17/9/2024 allowed the Original Application and held as follows: