- (1.) Leave granted.
(2.) The question that calls to be determined in this appeal by special leave is : on consideration of the report of the Inquiring Authority wherein misconduct of the respondent has been proved and after following the prescribed procedure, the Disciplinary Authority ordered his removal from service and the departmental appeal against that order has been dismissed by the Appellate Authority, whether Central Administrative Tribunal was justified, on the facts found, in interfering with the order of punishment on the ground that co-delinquents were awarded lesser punishment in departmental appeals and directing the appellant to reconsider the whole matter and give the respondent the same treatment which has been meted out to the co-delinquents.
(3.) Gulabhia M. Lad - respondent - while functioning as Land Reforms Officer--I , Dadra and Nagar Haveli for the period October 14, 1997 to April 27, 1998 allegedly granted occupancy rights of the government land situate at village Athola to five persons with ulterior motive by getting the survey conducted from R.K. Kapdi, Surveyor and without following the procedure prescribed under the Dadra and Nagar Haveli Land Reforms Regulation, 1971 (for short, 'Regulations'). A disciplinary enquiry was initiated against him under Rule 14 of Central Civil Services (Classification, Control and Appeal) Rules, 1965. He was charged for misconduct under Rule 3 of Central Civil Services (Conduct) Rules, 1964. Two other employees, R.K. Kapdi, Surveyor and P.N. Vinod, Patel Talati were also subjected to disciplinary enquiry in connection with illegal grant of occupancy rights of government land to those five persons. R.K. Kapdi was charged for having connived with the respondent and prepared a map by not following the procedure and without verifying the documentary evidence as required under the Regulations and in assigning new plot numbers without any authority in flagrant violation of law. Insofar as P.N. Vinod was concerned, he was charged for having connived with the respondent and prepared the statement on oath of each of the applicants in his own handwriting in the absence of the applicants and thereby abusing his official position as Patel Talati.;