LAWS(RAJ)-2019-10-10

UNION OF INDIA Vs. BANSHIDHAR MEENA

Decided On October 14, 2019
UNION OF INDIA Appellant
V/S
Banshidhar Meena Respondents

JUDGEMENT

(1.) By way of this writ petition, the petitioners have questioned legality of order dated 31.08.2016 passed by the Central Administrative Tribunal (CAT), Jodhpur Bench, Jodhpur in Original Application No. 353/2013 as modified vide order dated 07.03.2017 passed in Misc. Application No.158/2013, whereby order passed by Disciplinary Authority in proceedings under Rule 16 of Central Civil Services (Classification, Control and Appeal) Rules, 1965 (for short "the Rules of 1965"), imposing the penalty of recovery of Rs.2,00,000/- upon the respondent, has been quashed.

(2.) Learned counsel appearing for the parties submit that the controversy involved in the present writ petition is covered by decision of this court dated 11.04.19 rendered in the matter of Union of India and Ors. vs. Radhey Shyam Swarnkar and Anr. [D.B. Civil Writ Petition No.2393/19].

(3.) In Radhey Shaym's case (supra), this court while dealing with the identical issues, held: