BRIJ KISHOR SHUKLA Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr.Marne in support of this petition and Mr. Pandian for the Respondents.

(2.) THE Petitioner was working as the Senior Booking Clerk in February 2001 when a trap was laid. A decoy passenger went to his booking window at Dadar to purchase the ticket for Varanasi. He gave an amount of Rs.300/-. The ticket was of Rs.219/- and, therefore, Rs.81/- were expected to be returned. Only Rs.71/- were returned. The decoy passenger brought this to the notice of the booking clerk, but he said that he had returned the balance amount correctly. Thereafter he went back to the Vigilance Cell and narrated the incident. The incident was also witnessed by a shadow witness. Their statements were recorded. Thereafter the Petitioner was charged with three articles of misconduct. Firstly, that he had over charged the decoy passenger by Rs.10/-. Secondly, a shortage of Rs.22/-was detected in the railway cash. Thirdly, in his private cash, an excess of Rs.282/- was detected.

(3.) THE Petitioner carried an appeal which was dismissed so also the revision. Thereafter an application was filed before the Central Administrative Tribunal. That also came to be dismissed and hence this petition.