SHIWA SHANKAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Applicant in this Original Application has challenged the order of the Disciplinary Authority dated 17.11.2011 imposing upon him the penalty of "reduction of pay by one stage in the time scale of pay for a period of one year with a further direction that he will earn increments during the period of such reduction and on expiry of such period, reduction will have effect of postponing his future increments of pay". He has also challenged the consequential Office Memorandum No. 100 -15/2011 -STG -I dated 20.11.2011 passed by the Respondent No. 1, conveying the approval of the Competent Authority to implement the aforesaid penalty as well as the Office Order No. 315/PF/2011/STG -I dated 21.12.2011 refixing his pay in implementation of the aforesaid order imposing the penalty.

(2.) THE brief facts: The President, being the Disciplinary Authority of the Applicant, issued Memorandum No. 8 -127/2006 -Vig.II dated 22.01.2007 proposing to hold an enquiry against him under Rule 14 of the CCS (CCA) Rules, 1965. The substance of imputation of misconduct or misbehaviour in respect of which enquiry was to be held was to be held as under :-

(3.) CO has submitted his representation dated 17.8.2010. The new fact that has been brought out by the CO in his representation is that cost of 50M tower that was to be installed at Hazaribagh but not supplied by the Contractor has been adjusted from the payment to be made to the contractor. In support of this fact CO has furnished copy of Sanction Memo No. 26 -24/P -II/98 dated 11.3.1999 which has been obtained by CO under RTI Act, 2005. As per this memo and copy of page No. 25 of Cash Book advance paid to contractor towards cost of tower for Hazaribagh has been adjusted from the amount payable to the contractor on account of Excise duty. Thus the loss to department as alleged in charge under Article -V has been made good by way of adjustment from the amount payable to the contractor.