- (1.) This intra court appeal has been filed by the Union Of India through Director General Railway Protection Force, Rail Bhawan, New Delhi and the officers of North Eastern Railway against the judgment and order dated 4.3.2016 passed in Civil Misc. Writ Petition No.9762 of 1985 (Hari Shanker Pandey v. Union of India.
(2.) From a perusal of the record and the findings returned by the learned Single Judge, it is reflected that the learned Single Judge has carefully gone through the entire material evidence which form part of the inquiry proceedings and placed before the Disciplinary, Appellate as well as the Revisional Authorities.
(3.) A categorical finding has been recorded that the appellants could not bring material evidence on record to bring home the charge of guilt against the delinquent employee. The finding of guilt returned by the Disciplinary Authority and affirmed by the Appellate as well as Revisional Authorities are based on no evidence. The disciplinary proceedings do not inspire confidence of this Court inasmuch as the petitioner was not supplied relevant material relating to criminal proceedings launched against him which could provide the details of involvement of respondent No.6, who lodged criminal complaint against the petitioner of theft on the allegation of having visited the petitioner's house and found the stolen property. Non-supply of relevant documents had taken away the right of the petitioner to defend. Further, there was no independent witness to show that the alleged stolen property had been recovered from the house of the petitioner.;