UNION OF INDIA Vs. P. K.CHOUDHURY

JUDGEMENT

(1.) Heard Mr. Y. Doloi, learned Central Government Counsel, appearing for the petitioners. The respondent/applicant is represented by Mr. S. Dutta, Advocate.

(2.) The challenge here is to the order dated 23.4.2012 (Annexure-III to the O.A.No. 44/2011) whereby the learned Central Administrative Tribunal (hereinafter referred to as the 'CAT') granted relief to the retired applicant and quashed the penalty order dated 20.12.2010 whereby the punishment of withholding of 20% of the monthly pension for a period of 5 years, was inflicted on the delinquent by invocation of the powers conferred under Rule 9(1) of the Central Civil Services Pension Rules, 1972 (hereinafter referred to as 'the Pension Rules'). At the relevant time, the applicant was functioning as the Joint Area Organizer in the SSB at Palia (UP) and the disciplinary proceeding was drawn up against him on the following three charges:

(3.) The charges were enquired into and in the inquiry report it was declared that Charge-1 is fully proved, Charge-2 is partially proved and charge 3 is not proved. Since the charged officer was holding a senior position, it was held that he was expected to exercise financial propriety of a very high degree. Thus it was proposed to deduct from the payable pension of the retired employee. Consequently, the impugned penalty order was passed in the name of the President, for withholding of 20% of the monthly pension for a period of 5 years, for the charged officer.