UNION OF INDIA Vs. BIRAJ BORTHAKUR

JUDGEMENT

(1.) By filing this writ petition, the petitioners have assailed the order dtd. 6/3/2019 passed by the learned Central Administrative Tribunal (CAT) Guwahati in O.A. No.045/00298/2016, whereby the Original Application filed by the respondent, namely- Sri Biraj Borthakur, has been allowed and the penalty imposed vide order dtd. 12/2/2016 against the respondent has been set aside.

(2.) The brief facts of the case are that the respondent was appointed as a SubInspector (Pharmacist) a combatised non-gazetted post in SSB in the year 1984. Thereafter, he was appointed as a Circle Organiser (a civilian Gazetted post), the post which he had joined on 1/10/1991 and was promoted to the post of Special Area Organizer (in short 'SAO') and posted at Gangtok, Sikkim till September, 2008. Thereafter he was transferred to Bahraich in the State of Uttar Pradesh and then posted to the State of Arunachal Pradesh. During the service of the respondent as SAO at Gangtok, Sikkim, a Court of Enquiry was ordered by the Deputy Inspector of General, SHQ, Ranidanga, vide dtd. 21/1/2009. After the Court of Enquiry, it was, prima facie, found the involvement of the three officers/officials including the respondent namely- Sri Biraj Borthakur, Sri Vinod Kumar Agarwal and Sri Vijay Paul of having fraudulent encash-ment of demand draft worth Rs.2,00,000.00 (Rupees Two Lakhs) pertaining to GPF withdrawal of Smti Chandra Lama, UDC, Area Office, Sikkim.

(3.) The petitioners initiated a disciplinary proceedings against the respondent on account of fraudulent encashment of a sum of Rs.2,00,000.00 (Rupees Two Lakhs) meant for payment of GPF withdrawal to Smti Chandra Lama, UDC, which was encashed at SBI, Gangtok, Sikkim on the basis of authorisation letter allegedly signed by the respondent in favour of one Sri Ramesh Kumar. The Memorandum of Charge dtd. 7/7/2011 was issued to the respondent on the following charges: