UNION OF INDIA Vs. NARAYAN PRASAD RAI

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioners for quashing the order dated 23.02.2017 passed in O.A. No. 142 of 2013 by the Central Administrative Tribunal, Patna Bench, Patna (for short 'the Tribunal') whereby the Tribunal has set aside the order of punishment inflicted in disciplinary proceeding along with the appellate and revisional orders on the basis of penalty being shockingly disproportionate to the proved charges.

(2.) The facts of the case, in brief, are that while the respondent was working as Senior Commercial Clerk at Murliganj, a trap was organized by the vigilance on 13/14.02.2007 in which it was found that he was involved in obtaining excess money from passengers and not declaring the cash properly, which is violative of Rule 3.1(i), (ii) and (iii) of Railway Service (Conduct) Rules, 1966.

(3.) Accordingly, a departmental proceeding was initiated on 07.06.2007 wherein the following imputations of charges were drawn :