UNION OF INDIA Vs. A.K. MISHRA

JUDGEMENT

(1.) First respondent was an employee of the Railways. He was in the rank of Travelling Ticket Inspector (for short TTI). He was charge -sheeted under the provisions of the Railway Service Conduct Rules, 1966. A detailed enquiry was held. The Enquiry Officer found that the charges levelled against the 1st respondent were not proved. The Disciplinary Authority did not agree with the finding of the Enquiry Officer and without show cause notice to the 1st respondent, imposed penalty of removal from service. The first respondent (hereinafter referred to as 'the employee') preferred an appeal. The appellate authority modified the penalty of removal to that of compulsory retirement.

(2.) AGGRIEVED by the order of the appellate authority, the employee approached the Central Administrative Tribunal, Jabalpur Bench, Jabalpur (for short 'the Tribunal'). The Tribunal, by order dated 7th May 2003 in O.A. No. 855 of 2000, set aside the order of the appellate authority and directed the Railways to reinstate the employee in service and give him all consequential benefits. It is against this order of the Tribunal, the Railways are before us in this writ petition.

(3.) IN fact, the Railways were not able to satisfy the Tribunal as to the nature of evidence against the employee. The Tribunal took upon itself the task of finding out for itself whether a prima facie case has been made out against the employee on the basis of the enquiry report and the evidence collected to enable the disciplinary authority to differ with the findings of the Enquiry Officer.