PRADEEP NANDRAJOG,J. - (1.) VIDE impugned order dated December 13, 2011 the Central Administrative Tribunal has allowed O.A.No.665/2011. Penalty of dismissal from service inflicted upon the respondent, who was the applicant before the Central Administrative Tribunal, has been set aside. The appellate order rejecting the departmental appeal filed has also been set aside. Permission to hold fresh inquiry, which as we would understand means, to take corrective action by issuing a note of disagreement has not been permitted. The matter stands closed.
(2.) THE relevant facts would be that pertaining to the year 1997, when respondent was working as an Extra Departmental Branch Postmaster, he was served with a charge memo on November 30, 1998 alleging misappropriation of certain amounts, which undisputably stood credited to the account in the treasury, albeit lately. At the inquiry, the respondent prayed for the department to produce certain documents alleging that the same were relevant and vital to the defence; a request which was denied.
(3.) INQUIRY Officer submitted a report indicting the respondent and accepting the same the disciplinary authority imposed the penalty of removal from service upon the respondent as per the order dated November 30, 1998 against which appeal filed on February 22, 1999 was rejected on February 17, 2001.;