PARSURAM MOHAPATRA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THIS writ petition has been filed against the impugned judgment and order dated 25.1.1999 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.681 of 1993 dismissing the O.A. filed against the impugned order of punishment of withholding of next three increments of the petitioner raising his pay from Rs.2000/ to Rs.2040/ - for a period of three years without cumulative effect from the date when it would otherwise be due to him but the period of punishment shall not operate to postpone future increments on the expiry of the period of punishment.

(2.) THE brief facts of the case are that the petitioner was a Grade -B Guard under Khurda Road Division of the South Eastern Railways with headquarters at Cuttack. A memo of charge dated 9.9.1993 was received by him on 20.9.1993. On the same date he submitted an application requesting for supply of the copies of the documents containing materials in support of the charges. His case was that he was not supplied with the necessary documents due to which he remained in dark and the impugned order of punishment was passed.

(3.) ON perusal of the cause of the opposite parties, it appears that though the petitioner was posted at Cuttack he was required to collect the documents from the Divisional Safety Officer at Khurda Road. The opposite parties could have sent the documents to Cuttack. However, the opposite parties have themselves said that the petitioner remained on sick leave from 15.10.1993 to 31.10.1993 and resumed duty on 1.11.1993. As soon as he resumed his duty, the impugned order of punishment was passed on the next day, i.e. 2.11.1993. Besides this, we have perused the report of the Enquiry Committee constituted as mentioned above. The only finding of the Enquiry Committee is as under :