UNION OF INDIA Vs. PRAKASH CHANDRA BOTHRA

JUDGEMENT

(1.) THIS petition for writ is preferred to question validity, correctness and propriety of the order dt. 25.3.2011, passed by Central Administrative Tribunal, Jodhpur. The factual matrix necessary to be noticed is that the respondent -Government servant was subjected to a disciplinary action as per the provisions of Rule 16 of the Central Civil Service (Classification, Control and Appeal) Rules, 1965 under a memorandum dt. 25.11.2008. As per the statement of allegation, the respondent -Government servant violated Rule 3 (1) (i) and Rule 3 (1) (ii) of the Central Civil Service (conduct rules), 1964 as he withheld interest payable under monthly investment scheme to an account holders and also that he delayed payment of Kisan Vikas Patra to one Smt. Pinki, Dwarka Das and Mitha Lal. After holding regular inquiry, the disciplinary authority under an order dt. 30.01.2009/05.02.2009 exonerated the respondent Government servant from allegation No. 1, however, found him guilty for commission of mis conduct pertaining to allegation No. 2. The Disciplinary Authority accordingly imposed a minor punishment, that is withholding of one annual grade increment for a term of two years.

(2.) THE Tribunal, vide the judgment impugned while accepting the finding given by the disciplinary authority reduced penalty period for a term of 16 months instead of two years. At the same time, the Tribunal also directed to disciplinary authority to re -consider the entire matter afresh for the reasons given in para 1 of the order itself.

(3.) AN effort is made by learned counsel for the respondent Government Servant to defend the order impugned with assertion that the act of Government servant is of very minor nature and, therefore, the Tribunal rightly exercised its authority and directed the disciplinary authority to re consider the entire issue.