Dilip Gupta, J. - (1.) This writ petition has been filed for quashing the judgment and order passed by the Central Administrative Tribunal Allahabad Bench Allahabad by which the Original Application filed by the respondent no. 1 for quashing the charge-sheets was allowed and a direction was issued to pay all the pensionary benefits with interest at the rate of 12% per annum.
(2.) The respondent no. 1 Sri Upendra Kumar Jain was serving as a Joint Controller in the Ordnance Factory at Dehradun when he was served with two charge-sheets dated 3rd December, 2001 and 19th December, 2001 relating to misdemeanors in 1994 and 1997, regarding forwarding inspection reports of faulty equipments to his superiors as a result of which the faulty equipments were accepted. The Tribunal observed that though the applicant was to superannuate on 31st December, 2001 but just a few days before his superannuation, the charge-sheets were issued to him even though in January, 1999 inquiry was conducted and steps could have been taken then. The Tribunal, therefore, in view of the decision of the Supreme Court in State of Madhya Pradesh v. Bani Singh & Anr., AIR 1990 SC 1308 quashed the charge-sheets dated 3rd December, 2001 and 19th December, 2001.
(3.) Sri Satish Chaturvedi learned counsel for the petitioner submitted that the Tribunal has not considered the gravity of the charges but has quashed the charges merely on the ground of delay and in support of his contention he has placed reliance upon a decision rendered by us in Union of India & Anr. v. Ravindra Nath Tripathi & Ors., 2006 (3) ESC 1584 .;