UNION OF INDIA Vs. SATISH

JUDGEMENT

(1.) THE Union of India and its functionaries being aggrieved of the order dated 12.8.2008 passed by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur (hereinafter shall be referred to "Tribunal") in Original Application No.451/98 have preferred this writ petition under Article 227 of the Constitution of India. By the impugned order, the Tribunalwhile taking into consideration the peculiar circumstances has reduced the penalty inflicted upon the respondent.

(2.) THE facts in nutshell are that the respondent, a senior auditor in audit stream in the office of Accountant General M.P. Gwalior while holding the office of General Secretary of Audit Welfare Association served a notice in that capacity of 'token protest' for pay refusal for pressing the demand regarding the recognition of said Association and certain other problems, on 30th November, 1995. The news of successful movement of refusal of pay was published in local newspaper "Dainik Bhaskar" on 1.12.1995 on the basis of press note release. This news item irked the petitioner giving thereby the cause to issue a charge -sheet under rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1966, alleging misconduct under rule 3 of Central Civil Services (Conduct) Rules, 1964. The enquiry culminated into the order of dismissal of the respondent passed on 11.10.1996.

(3.) CHALLENGING the aforesaid order, it is urged by the learned senior counsel for the petitioner -Union of India, that it was beyond the scope of judicial review to substitute the punishment which was imposed on the basis of evidence on record and commensurate with the charges, levelled against the respondent. It is submitted that the Tribunal having affirmed the findings regarding prove of charges ought not have acted as an appellate authority in respect of the quantum of punishment.