UNION OF INDIA Vs. HADIBANDHU BEHERA

JUDGEMENT

(1.) THE Union of India has filed this writ application assailing the order passed by the learned Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 22 of 2004. This Original Application was disposed of by the learned Tribunal by order dated 16.11.2005 by which the learned Tribunal has quashed the order of punishment dated 31.10.2003 passed by the Under Secretary to the Government of India, Ministry of Communications & Information Technology, Department of Telecommunications and the consequential report of the Inquiring Officer and the charges.

(2.) THE fact giving rise to filing of O.A. No. 22 of 2004 before the Tribunal was that the opposite party retired from service as Telecom District Engineer, (in short "T.D.E."), Rourkela in the month of July, 1991. After retirement, a charge sheet dated 31.8.1994 was issued under Rule 9 of CCS (Pension) Rules, 1972. The gist of the allegation in the charge sheet was that while the opposite party was functioning as T.D.E. during the period 1990 -91, he had passed orders for sale of unserviceable store materials to one contractor, Shri M. Koteswar Rao without inviting sealed tenders or holding public auction which was in violation of the order of the General Manager and thereby the loss sustained by the Department was estimated at Rs. 8.17 lakhs. On conclusion of the enquiry, the Disciplinary Authority by order under Annexure -1 imposed punishment on the opposite party by which the pension of the Petitioner was reduced to minimum level of pension i.e. Rs. 1275/ - per month and also the gratuity amount of Rs. 72,188/ - was forfeited. This punishment was imposed by the Disciplinary Authority on the basis of the advice tendered by the Union Public Service Commission and the Central Vigilance Commission. This order under Annexure -1 was assailed before the learned Tribunal in the aforesaid O.A.

(3.) THE learned Tribunal after hearing the parties and on consideration of the relevant materials on record and also on perusal of the relevant files has quashed the order of punishment imposed on the opposite party. The Tribunal while quashing the order of punishment has also quashed the report of the Inquiring Officer as well as the charge. Thus the Tribunal by order dated 16.11.2005 has allowed the O.A. filed by the opposite party. The present writ petition has been filed by the Union of India challenging the said order.