510 e 1 A CWP Noe8515eCATof2009 Ill 1 IN THE HIGH COURT OF PUNJA13 AND HARYANA AT CHANDIGARH CaWP No8515CAT of2009 DateofDecision m 10 2009 Sudcep Kumar Jain eeePctitioner Ve C Union ofIndia and others 0 0 0 CORAM2 HONBLE MRJUSTICIS TSTHAKUR CHIEF JUSTICE HONBLE MRJUSTICE KANWALJIT SINGH AHLUWALIA 9tr Z 4e9r4r C 1 WhetherRcportersofLocal may bc allowedto sce the I 08 2eTo bereferred to theReporters or not2 ClO 7 3eWhetherthc judgment shouldbc rcported in the Digest7 Z Qm 311 1ItIll Presentl MrllRSharma Advocate for the k IlcIlt KANWALJIT SINGH AHLUWAUA J Presentwrit petition assailstheimpugned order 1nnexurePe71 passedby the Central Administrative Tribunal Bench olereinatler to be refened as lhe Tribunal I atld the ordcr passedin Review Pe99 lhe Tribunal 1 Parkash Om 2014.03.28 14: 52 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 811 1 b 1 4 CWP Ne8515nCATof2009 121 a b refusedto disturb the findingsarrived at 111the regular inquirywhich culminatedin the retirementof tohe fromRailway service afler the had availedthe of appeal andrevision againstthe of dismissalfrom service bythe Petitionerwas posted as Office GradeJI in the offlce No2 andwas lookingaRerthe Store Brancil of Diesel Works Patiala A chargesheetwas servedupon hiin The 1 Authorityheld the guiltyof grave misconductof 0 criminalconsequencesandformulatedail opinionthatcontinuationof the 0 in RailwayServiceis nol in thepublicinterestand thereforehe I C5 was dismissedfrom service No mcril was foundin theappealOledbythe r and the AppellateAuthority refusedto grantanyrelief to the Z petitionerThe petitiol thereaer a revisionandtheRcvisional Authority while the charges refusedto alter thefindings of the I O8 authorities below however takingIllto consideration humanitarian groundspenaltyof dismissalfrom service was modiOedto e Z retirement Petitionerwas not satisOcdwith the order of Qm retirementand theTribunalIoyfilingan Original hereinatlerto be referredas OA9 The Tribunal noted that there are againstthe that he duringthe period15992 to 1021995had Rs25001 of tenderdocuinentscash sale sheet dated 11 71 995 was served upon the petitionerwhich consisted of eightchargesBesides of the amount the was charged that he hadnot tnaintainedthe recordsof the tencler documentswhich he was dutybound to keepand thereforefailed to act Parkash Om 2014.03.28 14: 52 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 512 1 CWP Noe8515CATof2009 131 1 The Tribunal took lllto considerationthe opinionof the Enquiry Offlcer that all thecharges against the standprovedthe enqulryreportwas submittedon 1272000 and copy of theenquiryreport was suppliedto the on 1882000 Petitioner submitteda againstthe enquiryreporlOll 112000 pointingout the defectswhich to the petitioner were of inherentnature The Tribunalrelusedto come to the rescue of the on the ground that the had failed lll appealand tlle Revisional Authorityhad 1 modifledthe sentence 0 It was urgedbeforetheTribunalthattherewas a breachof the 0 rules as MrMSNangalbeinga retiredeinployee could 110tbe appoi nted I C the Enquiry Officer The Tribunalnoticedtillat on this score charge sheet I dated317995 was assailedbyOlingan OA in 1999and on 10102000tlle Z 5r 4 Tribunalhad rejccted vanous contentionsholding tllat 110 has occurredto the The Tribunalheldas under1 I 08 No hasbeenshownto havebeencausedto the Oo Gr for not takingCOllllllOll againsthim U2 Z anotheroftlcial even if the were to be nm common againsttwo or more officials The havealreadyconcludedand reportsubmitled The applicant has even been served with a copy of the enquiry report There is no doubt that order of the Tribunal passed Oil 10102000 sayingthatoo hasbeen caused to the petitioner had attainedfinality In the order dated10102000 the Tribunal llad notedthat Parkash Om 2014.03.28 14: 52 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 513 t 7 l L CWP N08515mCATof2009 141 14 there is no delaylll lSsuance of the chargesheet Further more the petitionerduringthevigilance enquiry was examinedon 1271997 He had also writtena letter on 1031996 wheiein he prayedfor grantof timeto deposit the amount asearlier he failedto do so on account ofdomesticproblemThe Tribunalhadalsotakeninto accountthe standof the thatthecharges against the stoodprovcd becauseof the admissionsmadeby the when the was detected Reliancewas placed uponhissignedstatementsdated123 996 and l7997 The Tribunal 0 0 alsonoticedthat thepetitioner is not entitledto raise the pleaof malice Oll C0 the partof theEnquiryOfftcerwhen in thestatements writtenin Hindi he C5 admittedthat he could not depositthemoncy carlierbecausehis sister was I 1 suffering fromhealthproblemTheTribunalalso heldas underl Z r In s far as of biased attitude of Inquiry tr r Officer and the againsttheapplicant is concemedno I a5 reasons with evidencehave been advancedby tn oo support ofsuch bias Since thereis no evidenceto supportthis 7 Z we cannot acceptthe same Il Qm The Tribunal consideredthat duringthe of lhe had filed OA in 1999 wherein he had dropping ofthe on thefollowing four That the chargesheet had been issued by an ofOcial holdingcurrent dutychargetherefore he cannot be tcnncdas competentauthority iil That Rupinder Kaur was also and therefore common should have been Parkash Om 2014.03.28 14: 52 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 514 b CWP Noe8515CATof2009 151 1 4 initiatedagainst thepetilioner alldRupincler Kaur iii That thedocumentsaskedfor bythe werenot supplied bytheEnquiry Officer iv That the chargesheethad been issuedafer inordinate dela The Tribunalheld thatobecauseof dismissalof earlierOA holdingthatno is caused 1Sllot entitledto raise the saIne plea The Tribunalexaminedeachand everyplearaisedbythe and Ilcldthat 1m scopeof interferencebytheTribunal111tlle matter of enquiry CJ 0 1Slimited No procedural lapsehasoccurredfromwhich couldbe C40 inferred Therefore the Tribunal declincd to come to the rescue of the I C5 The Tribunal further held that due to of Govemmentfunds of retirementcannotbe tcrmed Z r harsh when of dismissalof Kaur hasbeenmaintained I c We have heard MrllRShanna counsel for the petitioncr QO 1 Counselfor the harpedupona communicationdated19122003 2 Z annexed as Annexure AlO with theOA to say that authenticatedcopiesof tl the relevant documentswere only at the time of hearing of revision thereforeit can be assumedthat was not provided with documents relied againsthim by the EnquiryOfficer Counsel for the has made a grievancethat it is otlly due t0 insistence of RevisionalAuthority thatnecessarydocuinentswere suppliedThus supply of documentsat belatedstagewill SCrVC no purpose as it was incumbent uponthe to supplythedocumentsduringtheenquiry sothatthesame couldbeexbibitedand the authorofthose documentscould Parkash Om 2014.03.28 14: 52 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 515 c1 b CWP Noe8515CATof2009 161 lJ be to To fortifythissubmissioncounselhas read the followingportionfrom the communicationdated 192 2003 addressedbythe RevisionalAuthority to thepetitionerl 2 In view of the above pleasecollect dulyauthenticated copies of the following RUDs as listed in Annexure III and which were to be duringtheinquiryandcopieswere not givenalongwith the Charge sheetobeingvoluminousin natureeven though numerous were givcnto you 1 to inspectand taken relevantextracts of these documents 1 duringthe course ofInquiryThe documentscan be collected 0 Ce byyou personally from me on aily working dayl C5 I r r Noe ocument SreNoeUsted Document Z IInAnnexure IlI 1 t Ct 1 l a TenderSaleRegister for periodyear l91e92 10 I 199495 to be 08 duringtheI inquiry oo 12 1 4t 6 V7 for the period199192 Z to 199495 to be 0 during the inquiryl t 3e 13 iCash Registerfor lhe periodyear 1992e93to 199495 to bel 1 producedduring the Inquiryl We are of the view that the aforementionedportionof tlle communication cannot be readout of context While providingdoculnents the RevisionalAuthorityhad recorded that numerous opportunities were given totlie petitioner to inspectand note relevantextract of thc documents Parkash Om 2014.03.28 14: 52 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 516 0 bJ CWPNoe8515CATof2009 171 ll assame beingvoluminouscould not be supplied to the The plea of non supplyof necessarydocuments was also raiscd before the Authority The Authoritywhile the contentiondealtwith thesame as under 14Iowever the original of all RUDs ie Exhibit P1 to Pe56 were macleavailableduringthe inquiry for the of defenseas well as PWs andwhen Here the InquiryOfflcer merely rnentionedthe fact thatexhibitPel to Pe5 P6 and Pe13 are voluminousbecauseof which the 1 0 photocopy of theseRUDs could not be givento the CO 0 Howevertheoriginalofall the RUDs were madeavailableby 3 C5 the Inquiry OfficerdailyduringtheInquiry for thc r of the defense as well as the PWs and when Z requiredHenceyou were never deniedany both C bythe IO and the DA to inspcctthe voluminousRUDs and I 08 alsootherRUDs In fact you were even askedmanynumbcrof rn Ct timesbythe DA as mentionedin paras to obtoaintohe W7 Z relevant of lhe voluminousRUDs but youeven 0e did not care to approachthe ofOce of the Dy CVOIDCW wherethe voluminousRUDs werc lying to inspecttihese voluminousRUDs TheAppellate Authority also rejected thisargumentIt will be hereto notice theOndings ofthe Authority 53 You have claimed thattheDisciplinaryAuthoritydid not you thecopies EXH I Pm3 P4 Pe7 1 I9 Pl P14 Pe16 Pa17 P18 Pel9 1746and Pm47 It is Parkash Om 2014.03.28 14: 52 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 517 40 CWP Noe8515CATof2009 181 seenthatEXH Pell is an one pageletterdocumcntwhich was enclosedwith thememorandumof charges dated317799duly receivedbyyou on 899 The documentsrelating to the EXHs beingvoluminousin nalure it was not feasible to tnake out copiesof each and every documentsandthe salne was intimatedto you byDA vide his numerous Ietters dated 24 99 122000 1822000 132000 1412000 2412000 The letterdated241 299 and 1 1212000 have thisaspectin detailby to tr Honble Courts decisiondated28 Oct 1994in the 0 C caseofCommittee KD College VSe SSPandey C5 19951ISCC 4047 In fact you Were advisedseveraltimcs to I Fr inspect these documents ancl to obtain the relevant Z r of theRUDs at your own costo You enterediilto 0 a lengthy with the DA in this regard which I 08 to be thedelaying tactics on yourpart In fact you er weregivcnmore thansufftcient to inspect examine eemo Z the RUDs and to takeout the rclevailt of tlle r RUDs as mentionedabove butyou never cared to do so Il In the presentcase the DisciplinaryAuthoritytheAppellate Authorityand the RevisionalAuthority have givenconcurrent Onding of iact that the duringthe period151993 lo 102 1995 Rs25001m of tenderdocumentscashsale The Enquiry Oficer while holdingthat the delinquent employee adopted every possible ineansto dclaythe heldthat theflrstchargc that the had the Governmentmoney alongwith other Parkash Om 2014.03.28 14: 52 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 518 64 1 CWP Noe8515CAT of2009 191 er 1 thathe had thetenderfonnatsaleand fraudulent mcans for not for the tender cash sale stand proved To conclude the EnquiryOfOcer held that all the eightcharges were proved againstthe We have also perusedthe order passedby thc Tribunal We are satisfiedthatthe hadfailedto makc out any case beforethe Tribunal that therewas any lapseor of naturaljustice Were not followed andthe had acteddue to mala flde reasons We cannot or rewevaluate theevidence 1 when hasbeenadmittedbythe employee L 0 The contentionthat has beencausedwas alsoraised C0 beforetheTribunal in theyear 1999and this was Thereforethe I C callllOt on thc same score without layingany fresh 1T1 foundationas theorderhadattainedOnalityEven otherwisethepetitioner Z hasagainfailedto shoulat any was causedto him on account of non supply of documents I c This Court while writ is not a Court of Ol Appealagainstthe decision of the Tribunal The parameters to cause 7 Z interferencebytlleHlghCourtsare well deftned It has beenheld in Union r TerritoryChandigarhand another ve The Central Administrative Tribunal Chandigarh and others 2002I RSJ 723 as underl 8 Before to the respective arguments we considerit necessaryto observethat a writ of certiorarican be issued for corrcctingerrors of jurisdictioncommitted by inferiorCourts or TribunalsA writ can also be issuedwhereIll exercise of jurisdiction con fcrred on it toheCourt or the Tribunal acts illegally or improperly 1e it decides a question Parkash Om 2014.03.28 14: 52 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document WA CWP Noa8515mCATof2009 e t withoutgivingan to be heardto thepartyaffected bythe orderor wherethe byil is to the of natural jusce However it must be rememberedthatthe of the HighCourt to issue a writ of certiorari is a and not one Tllis means thatthefindingof fact reachcdby theinferiorCourt or Tribunal as a resultof the of evidencecannot be or in writ except when the orderor award suffers om an crror 0 0 of law apparenlon the face of tbe record A findingof fact 0 recordedbyan inferiorCourt or Tribunalcan becorrectedonly I 9 if it is shownthatin thc said findingtheCourt or the 2C r Tribunal had refuscd to admit admissibleand Z r evidence or had admittedinadinissible evidenceand the same hasinOuencedthe impugnedOllding I 08 a findingof fact bascd on no cvidencewould be 4 as an error of law which can becorrectcdbya writ of W2 Z certiorari 51 11 11lthe result the presentwrit petitionfails and is hereby dismisscdbut without any orderas to costs wl TeSoT AKURI KANWALJIT SING 1 CHIEF JUSTICE October 9 20090 RCI rps 4 0 I5 3 eC r 41 1 y7I o 81 Bv e Parkash Om 2014.03.28 14: 52 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document