R SASIDHARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India against judgment and order dated February 10, 2010 passed by the Central Administrative Tribunal in O.A. No. 121 /AN/2008.

(2.) By the order impugned the Tribunal set aside the order of punishment of removal from service, but directed that notional benefits would be extended to this Petitioner in respect of his period of absence from the date of his removal till the date of reinstatement although the said period would be treated as period on duty.

(3.) The writ Petitioner is a driver of light vehicles in the police department of Andaman and Nicobar Administration. He was placed under suspension in contemplation of a disciplinary proceeding. A charge-sheet was issued on June 23, 2003. It was alleged that the writ Petitioner being a driver of the police vehicle bearing registration No. AN-367 tried to escape with the said vehicle as the vehicle was carrying illegal consignment of Indian made foreign liquor bottles; the writ Petitioner did not listen to the lawful direction of the Wharf Superintendent. The attempt to escape was foiled by the said Wharf Superintendent by closing the main gate of jetty. Subsequently, on checking gunny bags/card board boxes were found from the said vehicle containing 137 bottles of Indian made foreign liquor. It was alleged that the motive was to take the said illegal consignment to some unknown destination to acquire unlawful gain.