UNION OF INDIA Vs. MONI SHANKAR BOOKING SUPERVISOR

JUDGEMENT

(1.) By this petition, Petitioners impugn order dated 6th January, 2003 passed by the Central Administrative tribunal (for short "tribunal") in Original application No. 283 of 2002.

(2.) Briefly stated, the facts leading to the present petition are that Respondent No. 1 was initially appointed as a Trains Clerk on 27th May, 1975 and was promoted from time to time. He was last promoted as booking Supervisor somewhere in January, 1997 and was transferred to Chatrapati Shivaji Terminus, Mumbai, somewhere in December, 1997. The railway administration had received certain information that respondent No. 1 was indulging in malpractice of overcharging passengers while issuing tickets. In order to verify such information, on 17th April, 1998 decoy check was laid. In the course of such decoy check, it was found that he had overcharged amount of -: 3 :- rs. 5/- for ticket issued to the decoy passenger. Consequently, a Memorandum of events was drawn then and there by the concerned Vigilance Officer.

(3.) A charge-sheet was drawn and served on Respondent for alleged misconduct of overcharging the decoy passenger and thereby not keeping absolute integrity as a public servant. A regular enquiry was conducted into the charges as per the procedure. The Enquiry officer came to the conclusion that the charges of misconduct have been duly proved. A copy of the enquiry Report along with show cause notice was served on Respondent No. 1. He made representation and disputed correctness of the Enquiry Report. The disciplinary Authority, however, accepted findings of the Enquiry Officer and by his order dated 17th november, 1999 imposed penalty on Respondent of reduction to lower pay scale. His administrative representation / revision was rejected.