UNION OF INDIA Vs. D K UPADHYAYA

JUDGEMENT

(1.) Heard on the question of admission. This is a petition under Article 226/227 of the Constitution of India, challenging an order -dated 7.8.2012 Annexure P/1, passed by the Central Administrative Tribunal, Jabalpur (hereinafter referred to as 'CAT') in O.A. No. 514/2012. By the aforesaid order, punishment imposed upon the respondent in the matter of recovery of excess electricity duty paid by the railway administration, has been quashed and relief has been granted to the respondent employee.

(2.) Respondent D.K. Upadhyaya was working as a Senior Section Engineer (Electrical) at the relevant time when he had initiated the proceedings before CAT. A disciplinary proceeding was initiated against him vide memorandum dated 21.2.2011 under Rule 11 of the Railway Servants (Discipline and Appeal) Rules, 1968 and based on the same a punishment order -dated 6.9.2011 was imposed whereby it was found that he has acted in a manner which resulted in causing loss of Rs.12,03,854/ - to the Railway Administration and accordingly punishment of withholding of two complimentary passes for two years, total four set, was imposed upon him and a sum of Rs.12,03,854/ - was directed to be recovered from his salary in installments.

(3.) Appeal and revision filed having also been dismissed the matter travelled to CAT. Before CAT, a three fold submission was made by the respondent/employee. His first contention was that the disciplinary authority respondent No.3, which had initiated the action against him, was totally biased and prejudiced against him. It was stated that after he joined the department in the year 2007, within a short period of four years, respondent No.3 issued six charge -sheets to him and also made various adverse entries in his service record. It was said that prior to joining of the said officer, the employee had never been charge -sheeted and he had received 'good' and 'very good' entry in his annual confidential reports. Accordingly, the first ground was bias and prejudice of the disciplinary authority.