- (1.) Leave granted.
(2.) The above appeal was filed against the impugned judgment and order dated 24.7.2003 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No. 10285/CAT/2003 wherein the High Court as dismissed the writ petition filed by the appellant-herein and confirmed the orders of the Central Administrative Tribunal imposing the punishment of compulsory retirement.
(3.) The short facts are as follows: The appellant was appointed in the Northern Railways in Ministerial Service on 14.7.1965 and was due to retire on 31-5-2002. The appellant, while working as Head Clerk in the Northern Railways was issued a Merit Certificate, wherein his work and conduct had been highly commended. The appellant was also selected for being promoted as Office Superintendent Grade-II. However, he was not given posting of the supervisory post. A junior to the appellant was favoured with the said posting and the appellant had protested against the favoured treatment and in the process he incurred the displeasure of his superior officers, particularly, respondent No.2. One of the employees sought for the "absentee" statement of tool room shop from the appellant. The said "absentee" statement was given by the appellant to the said employee. This 'absentee' statement was used by the employee in his petition filed against the Railways challenging the disciplinary action against him. This act on the part of the appellant was viewed as a mis-conduct and leakage of the official information. Charge-sheet was issued to the appellant alleging act of mis-conduct against him. The charge-sheet reads thus: "Article 1 That the said Shri Pritam Singh while functioning as OS-II in time office on 31-8-1995 at 9.00 hrs. took the record of absence statement of tool room pertaining to 20-12-1993 from Shri O.P. Saini and leaked it out with the result the photocopy of absentee statement was attached by Shri Sewa Singh, Harjit Singh and Subeg Singh with their rejoinder to O.A. No. 859/PB/95 filed in CAT/CDG to be used against UOI leaking of absentee statement is a serious misconduct and speaks of doubtful integrity of Shri Pritam Singh. Thus, he violated the Rule 31(i), (ii) and (iii) of Rly. Services Conduct Rules, 1966". Sd/- (Harsh Kumar) Dy. CME/ASR N.Rly, Mech. Workshop, ASR. 14-11-1995". ;