S.S. Chauhan, J. - (1.) This writ petition has been filed challenging the order dated 10.04.2015 passed by the Central Administrative Tribunal, Lucknow, by means of which, the original application filed by the respondent No. 2 has been allowed.
(2.) The facts, in short, are that a charge sheet dated 27.10.2004 was filed against the respondent No. 2 on 26.10.2006 and an enquiry officer was appointed to enquire into the matter. The enquiry officer submitted the enquiry report on 19.6.2008 exonerating the respondent No. 2 as the charges against him was not found proved. The disciplinary authority by letter dated 11.06.2009 issued a disagreement note/show cause to the respondent No. 2, who submitted his representation on 06.07.2009. When no decision was taken on the said representation, the respondent No. 2 filed Original Application No. 9/2010, which was ultimately dismissed on 13.05.2011. After dismissal of the said original application, Writ Petition No. 1479 (SB) of 2011 was filed before this Court and this Court disposed of the same on 16.8.2011, giving liberty to the respondent No. 2 to make an additional representation, if he so intends, within a week. It was also provided that all such pleas, which have been raised in the writ petition, if are raised in reply to the show cause notice, the same be considered and decided by the disciplinary authority by a speaking order and the appropriate final order be passed, within a maximum period of eight weeks from the date of receipt of a certified copy of the order, after taking necessary steps, as may be required under law. The Court has further given liberty to respondent No. 2 to challenge the order, so passed, if it goes against him, in accordance with law in appropriate forum.
(3.) The respondent No. 2 thereafter filed an additional representation on 22.8.2011, on which, A.K. Purwar, Chief GMT UP (East) Circle, Lucknow, being the competent Disciplinary Authority in exercise of powers conferred under BSNL CDA Rules 2006, has ordered to impose penalty of 5% reduction in the full pension otherwise permissible for a period of one year with immediate effect and full pension shall be restored on completion of the period of one year on Shri S.C. Saxena, DE (Retd.). This order was passed on 09.04.2012.;