UNION OF INDIA Vs. KHARAKA SINGH AND ANOTHER

JUDGEMENT

(1.) The Union of India alongwith its officers have approached this Court by challenging order dated 2.4.2008 passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for brevity 'the Tribunal') in OA No. 129 Pb. 2007 as also order dated 8.7.2008 dismissing RA No. 32 of 2008 seeking review of order dated 2.4.2008.

(2.) Brief facts of the case as recorded by the Tribunal are as under. The applicant-respondent was subjected to departmental enquiry on the allegation of theft of 3 copper cables. A criminal complaint was also filed on 26.2.1996 against him in the Court of Chief Judicial Magistrate, Patiala. He was issued a charge sheet vide order dated 1.11.1996. In the reply filed by him all the charges were denied and a request was made that in view of criminal proceedings, the departmental proceedings should not be continued under the Railway Servants (Disciplinary and Appeal) Rules, 1968 (for brevity 'the Rules').

(3.) The delinquent employee asserted that he was not afforded adequate opportunity during enquiry and that his defence if disclosed before the Enquiry Officer would have resulted in prejudicing his case in criminal proceedings. He further pleaded that the Investigating Officer Shiv Kumar ASI, who investigated criminal complaint was not examined which has prejudiced.