B.S.Chauhan, J. - (1.) THIS appeal has been preferred against the judgment and order of the Division Bench of Gujarat High Court at Ahmedabad passed in Letters Patent Appeal No.25 of 1983 by which while affirming the judgment and order of the learned Single Judge dated 27.12.1982 passed in Special Civil Application No.101 of 1982 allowed the cross objections filed by the respondent-employee and set aside the order giving liberty to the disciplinary authority to pass a fresh order of minor punishment on two charges.
(2.) THE facts and circumstances giving rise to this case are that the respondent-employee Gyan Chand Chattar was appointed in the Western Railway as Shroff in the Department of Pay and Cash in the scale of Rs.260-400 w.e.f. 8.2.1971 vide official letter dated 8.2.1971. He was thereafter posted as Cashier in the year 1977 in the pay-scale of Rs.330-480. He was served a charge sheet dated 8.4.1980 containing 6 charges that he traveled in the train in First Class on 24.11.1979 though he was not entitled to travel in that class; refused to arrange payment of certain amount to the employees against bills dated 12.11.1979; 16.11.1979 and 21.11.1979; while on duty on 24.11.1979 travelling in 1st Class compartment of the Train, played cards with RPF Rakshaks; that on 24.11.1979 the train in which he was traveling was detained by the agitators, railway staff who demanded payment of their pay allowance, he acted extremely irresponsibly and made no attempt to convince them about his difficulties; refused to receive "Control Message"/"Memo" from the superior officer and wanted commission of 1% for payment of pay allowance to the employees. During the course of enquiry both parties led evidence, oral as well as documentary. The Enquiry Officer completed the enquiry and submitted its report dated 22.4.1981 to the disciplinary authority holding all six charges proved against the said respondent-employee. The disciplinary authority agreeing with the findings recorded by the Enquiry Officer and considering the reply to the enquiry report submitted by the delinquent employee, passed the order of punishment dated 2.5.1981 removing the respondent from service. His appeal against the said order was allowed partly by the statutory appellate authority - Financial adviser and Chief Accounts Officer, Western Railway, Churchgate, Bombay vide order dated 10.11.1981 reducing the punishment of removal from service to reversion of the respondent to the lower post of clerk, Grade-II in the scale of Rs.260-400(R) until he was found fit by the competent authority for being considered for the cashier post in the scale of Rs.330-560 (R). Being aggrieved the respondent-employee challenged the order of punishment by filing Special Civil Application No.101 of 1982 in the High Court of Gujarat at Ahmedabad and the same was allowed vide judgment and order dated 27.12.1982 wherein the learned Single Judge after appreciating the entire evidence came to the conclusion that only charge which could be found proved against the respondent-employee was not receiving the memo of superiors as alleged in charge numbers 4 and 5 against him. All other charges were found unproved. Learned Single Judge issued a direction to the disciplinary authority to pass a fresh order imposing minor punishment on the said proved charge nos.4 and 5 for not accepting the "memo" sent by the superiors.
(3.) BEING aggrieved the Union of India filed the Letters Patent Appeal No.25 of 1983 challenging the judgment and order of the learned Single Judge which has been dismissed vide judgment and order dated 1.5.2002. However, the Division Bench allowed the counter objections filed by the respondent to the extent that the direction given by the learned Single Judge to impose minor penalty on charge numbers 4 and 5 was also set aside. However, considering the facts and circumstances of the case, the Division Bench directed that respondent would be entitled to get 50% of the back- wages with all consequential benefits including retrial benefits. Hence, this appeal. Mr. SWA Qadri, learned counsel appearing for the appellants submitted that there was no scope of interference by the High Court in exercise of its limited powers of judicial review against the finding of facts recorded by the enquiry officer, approved by the disciplinary authority and confirmed by the Appellate Authority. It was a case of gross indiscipline and of corruption. Six charges against the said employee including the demand of 1% commission for making the payment of pay allowances stood proved. Punishment order passed by the appellate authority did not warrant any interference. More so there could be no justification for the Division Bench allowing the counter objections filed by the respondent employee, quashing the direction given by the learned Single Judge to the disciplinary authority to pass an order of minor punishment on charge nos. 4 and 5. Therefore, appeal deserves to be allowed.;