GAMBHIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is directed against the order of the Central Administrative Tribunal (CAT), dated December 16, 1997, passed in O. A. No. 558/95.

(2.) THE petitioner alleges that he was engaged Casual Labourer by the respondents. He performed duties from 28-11-1972 to 18-7-1974 reflected in the records of the respondents. Subsequently, he was engaged in 1988. While he was engaged during 28-11-1972 to 18-7-1974, he performed duties as Casual Labourer at Bhopal and in 1988 at Guna. He possessed duty card, however, he has been proceeded departmentally on the charge that he produced forged casual labour service card. The Enquiry Officer found that he served from 1972 to 1974, but there was no corresponding entries in the office record. There is also indication that Shri S. K. Khanna took charge in 1986, therefore, casual labour service card could not bear his signature, as such, the same is bogus. The petitioner was removed from service, which action he challenged before the CAT.

(3.) FROM the decision impugned in this case, it appears that the Tribunal has come to the conclusion that the petitioner served the respondents during period 1972 to 1974 and 1988, having been admitted by the office record. However, the finding of the Tribunal with respect to service card being bogus, is based on the conclusion that Shri S. K. Khanna was not working at the time when the service card was issued. But with respect to punishment, the Tribunal comes to the conclusion that the punishment of removal was serious. Therefore, the case has been remitted to the Competent Authority for consideration of the question of quantum of punishment taking into consideration obviously the fact that the petitioner had served during the period 1972 to 1974. Through this petition, the petitioner has challenged the order of the CAT dated December 16, 1997.