UNION OF INDIA Vs. D S GREWAL

JUDGEMENT

(1.) THIS appeal by the Union of India is directed against the judgment dated 28.9.2007, whereby the learned Single Judge quashed and set aside the order conveying "severe displeasure (recordable)" and issued a direction to the appellants to refund a sum of Rupees 81,689/-, which had been deposited by the respondent herein pursuant to the recovery proceedings initiated against him.

(2.) BRIEFLY stated the facts of the case are that the respondent (hereinafter referred to as 'the writ petitioner') was working as Commandant Central Armoured Fighting Vehicles Depot, Kirkee. The case against him was that he did not get the defective stores and spares replaced from the manufacturer within time, which resulted in heavy losses to the Government. On this basis, the penalty of "severe displeasure (recordable)" was imposed upon him. During the course of the proceedings before filing of the writ petition, notice was issued by the department to the writ petitioner asking him to pay a sum of Rupees 81,689/-. He actually deposited the amount in two installments.

(3.) THE learned Single Judge set aside the appellate order, but probably because the petitioner had already retired, he did not deem it fit to send it back to the appellate authority. He gave only two limited reliefs to the writ petitioner, firstly, that the "severe displeasure (recordable)" recorded against the writ petitioner was expunged and secondly, a sum of Rupees 81,689/- was ordered to be refunded to him. Hence, the Union of India filed this appeal.