UNION OF INDIA Vs. K KRISHNA MURTHY

JUDGEMENT

(1.) This writ petition is filed seeking a writ of certiorari assailing the order, dated 11/8/2009, passed by the Central Administrative Tribunal, Hyderabad (for short 'the Tribunal') allowing O.A.No.248 of 2009 filed by the first respondent seeking to declare the action of the petitioners in imposing the penalty of 'censure' against him, as illegal and arbitrary.

(2.) The brief facts of the case are that the first respondent, while working as Additional Commissioner of Income-Tax, Rajahmundry, was served with a charge memo, dated 19.02.2004, along with the statement of imputation of misconduct or misbehavior, on the ground that when he was working as Deputy Commissioner of Income-tax at Bangalore, he made adjustments beyond the scope of Section 143(l)(a) of the Income-tax Act, 1961 (for short 'the Act'). He submitted his explanation on 14/5/2004 denying the allegations made in the charge memo. The first respondent-disciplinary authority having considered the material on record and following the advice of the Union Public Service Commission (for short 'UPSC'), found the first respondent guilty of the misconduct mentioned in the charge memo and imposed on him the penalty of 'censure' vide order dated 14/7/2008. Aggrieved by the same, the first respondent filed O.A.No.248 of 2009 before the Tribunal, which in turn allowed the same on 11/8/2009 setting aside the order, dated 14/7/2008. Questioning the same, the petitioners filed the present writ petition.

(3.) Heard the learned Standing Counsel for Income Tax Department appearing for the petitioners, the learned counsel for the first respondent and the learned Standing Counsel for UPSC appearing for the third respondent.