UNION OF INDIA Vs. SUBRATA BISWAS

JUDGEMENT

(1.) THIS application is directed against an order of the learned Tribunal dated 6th May, 2005 whereby order of removal of services inflicted against the respondent/employee has been set aside and the learned tribunal itself has awarded lesser punishment of reduction of rank to the lower grade for a period of five years.

(2.) THE fact of the case is that the respondent/employee was charge-sheeted with two sets of Articles of charge, summary of which is that he has misappropriated railway money to the extent of Rs. 288/- for his personal gain. This charge has been admitted in his written defence. At the same time another employee was charge-sheeted on the similar articles of charges, however, the figure of misappropriated money was rs. 198/ -. The second employee denied the charges. Therefore, full fledged enquiry followed and the enquiry officer had found him guilty and submitted report in this regard and the disciplinary authority after considering the enquiry officer's report inflicted punishment of reduction of grade for a period of five years. The respondent/employee herein preferred a departmental appeal against order of removal on the ground that he has been discriminated in the matter of inflictment of punishment as on the self-same charge one employee was inflicted a lesser punishment; whereas he has been awarded extreme punishment. The respondent/employee found favour of the learned tribunal to a great extent.

(3.) THE learned Tribunal found that indeed the respondent/employee has been discriminated in the matter of awarding punishment.