D.P. SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a case of a septuagenarian who, on account of alleged demand and receive the certain amount as bribe had faced departmental enquiry in addition to facing criminal, proceedings for the same set of charges in which in so far as criminal cases concerned he was acquitted while the departmental proceedings culminated into forfeiture of his entire pension and other pensionary benefits permanently vide order dated 1.10.2002. The penalty imposed was after obtaining the UPSC recommendations on the subject, vide communication dated 26.8.2002. The challenge is against the penalty order dated 1.10.2002 and the advice of the UPSC dated 26.8.2002 for quashing and setting aside of the said orders and for a release of the pension and pensionary benefits to the applicant. During the pendency of the OA, the applicant having died, his son has been brought on records. However, for the purpose of this case, it is the deceased applicant, who would be addressed as the applicant. Briefly stated, the applicant while serving as Superintendent of the Central excise had been issued with a charge -sheet on 14 of May, 1991 which reads as under: - -

(2.) CRIMINAL proceedings were initiated separately by the CBI on the alleged demand of bribe on monthly basis against the applicant and it was proposed to lay trap to catch the applicant red -handed. The applicant and his son were laid traps and the CBI apprehended the applicant. The criminal proceedings ended in acquittal of the applicant vide judgment of the Criminal Special Judge, Prevention of Corruption, Ghaziabad dated 20.11.2009. The acquittal, of course, was on the basis of benefit of doubt.

(3.) THE applicant also submitted a comprehensive letter dated 26th of May, 1994 vide Annexure 23.