UNION OF INDIA Vs. POOSA RAM

JUDGEMENT

(1.) HEARD learned counsel for the parties. This petition is by Union of India challenging the order passed by the Central Administrative Tribunal dated 23rd July 1998 allowing the Original Application filed by the respondent No. 1, Poosa Ram. The respondent was subjected to disciplinary enquiry under Railway Servant (Discipline and Appeal) Rules, 1968. The charge levelled against the respondent was that a complaint had been received from on Sh. Sita Ram on 30. 3. 1990. A trap was laid by CBI Inspector and the respondent was caught red handed accepting a bribe of Rs. 75/- from Sh. Sita Ram and that was recovered from the left side of his trousers' pocket. For the conduct of inquiry into the said charge of the memorandum dated 13 March 1991, one Dr. Atta Mohd was appointed as an Inquiry Officer, who was the then ADMO, Northern Railway Hospital Jodhpur. Said Atta Mohd submitted his inquiry report (Exb. 5) dated 10. 2. 94, holding the incumbent guilty of the charges levelled against him and submitted it to the Disciplinary Authority viz. Divisional Medical Officer for further action.

(2.) AGAINST the inquiry report the delinquent officer raised certain objections which included the allegation that inquiry has been conducted without opportunity to cross-examine the witnesses, whose statements were made available to him. In his objection (Annex. 7) dated 24. 3. 1994, the delinquent specifically alleged summing up that, `the worthy inquiry officer might be under fear of SPE/cbi case hurried up in concluding the inquiry. '

(3.) APPEAL against which was also dismissed by the appellate authority, the Chief Medical Superintendent, Northern Railway, Jodhpur vide Exb. 18, dated 18. 8. 95.