LAWS(BOM)-2007-11-24

P R SHELE Vs. UNION OF INDIA

Decided On November 23, 2007
P.R.SHELE Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner was working as Inquiry reservation Supervisor with the Central Railway. Charge-sheet was issued to him on 12-2-2001. Shortly stated the charge against the petitioner was that while working as Inquiry Reservation Supervisor, he made special cancellations for four journey C. P. tickets amounting to a total of Rs. 35,036/- and pocketed the said amount. He had thus defrauded the railway administration to the tune of Rs. 35,036/ -.

(2.) Enquiry Officer was appointed. Enquiry Officer submitted his report dated 6-9-2001 with his findings. The said report is dated 12-2-2001. We must refer to the conclusions drawn by the Enquiry Officer because the learned counsel for the petitioner has heavily relied on those conclusions. The said conclusions are as under :

(3.) The Disciplinary Authority disagreed with the findings of the Enquiry officer. Copy of the enquiry report and the note of disagreement were served on the petitioner. The petitioner submitted his representation dated 22-1-2002. The disciplinary Authority considered the petitioner's representation. After going through the representation, the enquiry report and available evidence on record, the Disciplinary Authority held that the charges against the petitioner are proved and he imposed penalty of removal from service vide order dated 12-2-2002.