parma nanda seeking a companyplete exoneration from the char ge has preferred the slp number 6998 of 1988.
he also prepared a bogus identity card in the name of the abo ve shri ashok kumar and initiated it below the signatures of issuing officer and this identity card was used by sh ri suraj singh cleaner token number 210 k boggi tunnelli ng division at the time of attempting to receive the pay of shri ashok kumar from the cashier.
being aggrieved by the reduction of penalty the uni on of india has preferred the civil appeal number 1709 of 198 8.
after a detailed enquiry against the respondent and t wo others the inquiry officer found all the three guilty of the charge framed against each of them.
a bogus identi ty card in the name of ashok kumar t.number 59 t with the sign a tures of the issuing officer was also prepared by the r e spondent although it was number his duty to prepare the ident i ty card.
the personnel officer of the bsl project was appointed as inquiry officer.
the enqui ry was companyducted under the punjab government servants companydu ct rules 1966.
from the judgment and order dated 9.10.1987 of t he central administrative tribunal chandigarh in appln.
the inquiry officer framed charge against the responde nt in the following terms that the said shri parma nand while working as time keeper in time keeping sub division of beas sutlej li nk project sundernagar during the month of may 1969 failed to maintain absolute integrity and devotion to duty in as mu ch as he falsely marked the attendance of shri ashok kuma token number 59 t in the pay roll of companytrol survey divisi on for the month of may 1969 which resulted in fictitio us drawal of rs.238 90 as pay of the said shri ashok kumar.
there then started an enquiry followed by departmental proceedings against three persons includi ng the respondent herein.
companysequentl the said writ petition stood transferred to the tribunal by operation of s. 29 of that act.
the report of e n quiry was forwarded to the companypetent authority who aft er giving an opportunity of being heard dismissed the respon d ent from service.
he made this entry with ulterior motive to withdraw the pay of ashok kumar for the month of may 1969 even though ash ok kumar was number working in that division.
with slp civil number 6998 of 1988 c. mahajan mrs.
the judgment of the companyrt was delivered by jagannatha shetty j. the civil appeal by speci al leave and the companynected slp raise an important issue as to the power of the central administration tribun al tribunal to examine the adequacy of penalty awarded by the companypetent authority to a government servant in discipl i nary proceedings.
during the pendency of the writ petition bench of the central tribunal at chandigarh was companystitut ed under the administrative tribunal act 1985.
it was alleged that he maste r minded and prepared the pay roll pertaining to t token of central survey division sundernagar for the month of m ay 1969 and entered the name of one shri ashok kumar token n o. 59 t at serial number 10 on page 2 of the relevant pay roll.
civil appellate jurisdiction civil appeal number 1709 of 1988.
the said fictitious identity card was used by o ne suraj singh cleaner t. number 210 k of beggi tunnelling div i sion for the purpose of withdrawing the pay of ashok kuma r. while suraj singh by impersonation was receiving the pay of ashok kumar he was recognised by the cashier since he kn ew him personally.
subba rao p. parmeshwaran for the appellant in c.a.
number 1709 of 1988.
the respondent moved the high companyrt of himachal prade sh under article 226 challenging the findings of inquiry off i cer as well as the order of dismissal passed by the companyp e tent authority.
namboodary for the petitioner in slp civil n o. 6998 of 1988.
short factual background is this parmanand respondent in the appeal was a time keeper in beas sutlej link project sundernagar.
m. ashri and mahabir singh for the respondents.
indu goswami c.v.
he was incharge of preparing the pay bills and other bills of the work charg ed employees of the project.
