(1.) Aggrieved by the order impugned dated 20th December, 2013 passed by the learned Central Administrative Tribunal, Calcutta sitting in Circuit at Port Blair in OA.No.159/AN/2011 in the matter of Shri Shaktivel versus Union of India and others, the Government has filed the present WPCT No.078 of 2014.
(2.) By the order impugned, the learned Central Administrative Tribunal (for short CAT) had accepted the contention of the respondent, who was the applicant in the O.A, on the point that the Article of charges against him could not be proved.
(3.) The learned CAT was of the view that the authority, who is the petitioner in this WPCT and was the respondent in the O.A, could not produce the original records before the Learned CAT to verify whether there was any over writing by the respondent in the duty register of the relevant dates, i.e. the 3rd of August, 2007 and the 4th of August, 2007. The learned CAT was of the further view that the authority had failed to examine whether the over writing was done in the hand writing of the respondent because the matter was never referred to a hand writing expert. Hence, on the test of preponderance of probability the respondent could not be held guilty of over writing. Also upon examination of copies of the relevant duty register the learned CAT was of the opinion that the substance of the change made out in 2nd Article of Charge that the respondent had inserted his coy No. in a vacant space could not be borne out as it was found that only the dates in the duty register were sought to be over-written and there was no over-writing in the body of the said duty register.