UNION OF INDIA Vs. SACHCHIDANAND MISHRA

JUDGEMENT

(1.) By this writ petition, the petitioners have assailed the order of the Central Administrative Tribunal (in short, the Tribunal), Patna Bench, Patna dated 4.1.2005, in O.A. No. 54 of 2004, whereby, respondent No. 1, Sachchida Nand Mishra, who was working at the relevant point of time as Divisional Engineer "Group A", posted at Patliputra Telephone Exchange and also, was looking after the work of Patel Nagar Telephone Exchange, came to be charge-sheeted by the department, appellants before us, which on being questioned before the Tribunal were found favoured with as a result of which the memo of charges dated 15.9.2003, came to be quashed and, therefore, this writ petition at the instance of the Employer.

(2.) We have heard learned counsels appearing for the parties. We have, also, been taken through the relevant material evidence in course of the submissions. We have, also examined and evaluated the contents and quality of the impugned order of the Tribunal.

(3.) The Tribunal in short found from the record that the memo of charges suffers from the vice of: