UNION OF INDIA Vs. T SUBBA RAO

JUDGEMENT

(1.) THIS Writ Petition is filed under article 226 of the Constitution of India, seeking to issue writ of Certiorari, calling for the records pertaining to the order, dated 7-7-2005, passed by the Central Administrative Tribunal, hyderabad Bench, Hyderabad, (for brevity 'the Tribunal') in O. A. No. 1277 of 2004 and quash the same as it is contrary to law.

(2.) PETITIONERS herein are the respondents, whereas the respondent herein is the applicant, in the O. A. , before the Tribunal.

(3.) BRIEF facts, that are necessary for disposal of the present Writ Petition, may be stated as follows: the respondent herein filed the above o. A. before the Tribunal inter alia stating that while he was working as Chief Office superintendent, he was transferred to chilakalaguda Stores Department as Office superintendent, which is under the control of senior DSTE (Construction ). When he was transferred, he was directed to take the charge of stores from M. Bhagawandas, Office superintendent II, in whose place the respondent was transferred. The respondent reported for duty on 16-10-1997 and requested the said Bhagawandas to hand over the stores. However, the said Bhagawandas did not handover the stores. Therefore, the respondent reported the same on 16-11-1997 to the 1st petitioner herein regarding non-handing over of the stores to him. But, no action has been taken by the petitioners. Thereafter, the respondent again informed the 1st petitioner regarding non-handing over of the stores to him. Subsequently, on direction of the 1st petitioner, Bhagawandas handed over 20 items of Mechanical to the respondent and the same was intimated to the 1st petitioner on 20-2-1998. Bhagawandas died in the month of February, 1998 without handing over the full charge of stores to the respondent. The respondent was subsequently promoted as Chief Office superintendent on 1-4-1999 and transferred to another section in 2nd petitioner's office. The 1st petitioner vide proceedings, dated 7-9-2004, advised the 2nd petitioner to recover an amount of Rs. 2,62,670/- from the salary of the respondent towards shortage of stores while he was working as Office Superintendent gr. 1 in the year 1998-99. The 2nd petitioner in his turn vide proceedings, dated 14-9-2004 directed the office to effect recovery. Hence, the O. A.