Chandigarh: CAT junks retired Sub Inspector plea to quash punishment
According to the CAT order, issued on Thursday, applicant, Jagan Nath had argued that he had not taken money in “any other” form from the driver and that he was falsely implicated by inspector Singh. According to the CAT order, issued on Thursday, applicant, Jagan Nath had argued that he had not taken money in “any other” form from the driver and that he was falsely implicated by inspector Singh.
The Central Administrative Tribunal (CAT) has dismissed an application of a retired Sub-inspector (SI) of Chandigarh police, seeking to quash a punishment of forfeiture of three years of approved service for increment meted out to him by the department for allegedly letting off a vehicle with Rs 300 fine without issuing a challan at a traffic naka.
The applicant, Jagan Nath, stated that while he was a SI, he was deployed at a traffic naka on Sector 17/9 Madhya Marg on February 3, 2013. A Tata Sumo (HP01C-3301) was stopped at the naka, but was let off.
Then, inspector Jaswinder Singh stopped the vehicle again when the driver told him that he was stopped by the traffic police for violation of high beam rules and on request a constable let him off after taking Rs 300 without issuing any challan.
Inspector Singh then submitted a special report, on the basis of which a departmental inquiry against Nath and constable Baljeet Singh was initiated. The inquiry officer submitted a chargesheet against Nath in July, 2013, which alleged that a sum of Rs 300 was taken from the driver. There was also an allegation of misbehavior with inspector Singh.
Nath argued that the statement was given in a manner dictated by inspector Singh and that a receipt was indeed issued for the challan of Rs 300.
According to the CAT order, issued on Thursday, Nath had argued that he had not taken money in “any other” form from the driver and that he was falsely implicated by inspector Singh.
Nath then filed a petition to the department, following which the revisionary authority perused the records, heard the applicant in person and considering his unblemished 34 years of service and reduced an earlier quantum of punishment of forfeiture of five years’ approved service to three. But, Nath moved an application to the tribunal.
Meanwhile, in the tribunal, it was learnt that the inquiry officer, in his report, had also recorded that constable Singh, in his statement to the inspector, had stated that the driver had been challaned for failing to lower the headlight beam and Rs 300 had been accepted as fine, for which a receipt had been issued.
However, neither SI Nath nor constable Singh made any mention about the challan earlier and the matter appeared to be an afterthought.
The tribunal observed that the Disciplinary Authority had reduced the proposed punishment. “Thus, it cannot be stated that the Disciplinary Authority had not applied its mind while disposing of the case. We do not find any reason to interfere with the inquiry report on any technical grounds and the tribunal, in its power of judicial review, cannot re-appreciate the evidence or arrive (at) its own independent finding on the evidence adduced and so the application is dismissed,” concluded the CAT.
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