- (1.)This petition assails the validity, propriety and legality of the order dated 29.9.2006 passed by the Central Administrative Tribunal, Jabalpur Bench in Original Application No. 1073/2005 whereby the Tribunal has dismissed the application of the petitioner by which he had challenged the penalty imposed by the Department pursuant to a departmental enquiry into the misconduct alleged against him.
(2.)The petitioner was, at the relevant time, working as a Postal Assistant and from the allegation that without comparison of the signatures of the account holder he had permitted unauthorised withdrawal of Rs. 8,000/- and caused pecuniary loss to the Post Office, the petitioner was departmentally prosecuted. In the departmental enquiry, on proof of charges, he was visited with a penalty of reduction to the lowest in the time scale of pay and recovery of 50% of the amount was also directed in installments. The petitioner filed appeal to the Higher Authorities but without success and eventually challenged the action of the Department before the Central Administrative Tribunal. The Central Administrative Tribunal has dismissed the application of the petitioner and, therefore, this Writ Petition under Article 226 and 227 of the Constitution of India has been filed.
(3.)We have heard learned Counsel for the petitioner and perused the record.
Insofar as the order of penalty is concerned, the learned Counsel has not been able to bring to our notice any procedural lacuna in holding of the departmental enquiry. This Court, in a petition, considers only the decision making process and not the decision against order passed in departmental enquiry. The grievance of the learned Counsel, however, is that subsequently on account of amendment, the provision has been made only for reduction to the lowest stage in the pay scale with the result the petitioner could not have been brought to the lowest of the time scale. We are afraid, the contention is sans merit as it overlooks that the subsequent amendment in the rules has no retrospectivity. Under these circumstances, the order of penalty cannot be dealt with.