UNION OF INDIA Vs. B G SANE

JUDGEMENT

(1.) THIS Petition filed under Article 226 of the constitution of India, takes exception to the order 4th dated June 2001 passed by the Central administrative Tribunal, Mumbai Bench. By the said order, the Application filed by the Respondent herein being Original Application No. 1247 of 1996 came to be allowed and the order dismissing the Respondent came to be set aside and the matter came to be remanded back to the Disciplinary Authority for commencement of de-novo proceedings from that stage.

(2.) SUCH of the facts which are necessary to be cited are stated thus :the respondent herein at the relevant time was working as a Head Ticket Collector with the central Railway. The Respondent herein was charge sheeted vide Memorandum of Chargesheet dated 9th March 1993. The graveman of the allegations against the respondent were misappropriation of various amounts which had been recovered by the Respondent from the passenger. It is pointed out that there were 35 instances reported against the Respondent which have been mentioned in Annexure-I to the said Memorandum of Chargesheet.

(3.) THE Respondent herein responded to the said chargesheet and it appears that the Respondent accepted the charges levelled against him. The CCI (L/r) Solapur, who was the Enquiry Officer, on the basis of the admission of the Respondent herein and the documentary evidence on record held that the charges levelled against the Respondent herein have been proved and thereby came to a conclusion that the respondent has conducted himself in violation of Rule no. 3-1 (i) (ii) (iii) of the Railway Service Conduct rule.