Narendra Kumar Jain -II, J. - (1.) THIS writ petition is filed by applicant of OA No. 232/2001 under Art. 227 of the Constitution of India against an order dt. 13.08.2002 passed by the Central Administrative Tribunal, Jodhpur Bench (herein after for brevity called "the Tribunal") deciding the aforementioned Original Application. By the impugned order dt. 13.08.2002, the Tribunal dismissed the Original Application filed by the writ petitioner and declined to grant him any relief claimed therein.
(2.) FACTS of the case lie in a narrow compass. They however need mention in brief to appreciate the issue involved in the writ petition. The writ petitioner is a Railway employee. At the relevant time, he was working as Commercial Inspector at Jodhpur. On 17.07.1999, he was found to have travelled from Makrana to Howraha by misusing and forging one Railway pass. He was then charge -sheeted for this act done by him under the Rules beside facing criminal cases under criminal laws. In the Departmental Inquiry proceedings it was rebvealed that he admitted the substance of charge leveled against him in the charge sheet. The inquiry was then held and he was found guilty of charge leveled against him. The appointing authority then concurred with the findings of Inquiry Officer and awarded to writ petitioner penalty of reduction of pay from Rs. 6725 -6200/ - to Rs. 5500 -9000 for three years with cumulative effect. It is against this order, the writ petitioner felt aggrieved and filed OA before CAT, out of which this writ petition arises. The Tribunal by impugned order dismissed the OA and upheld the penalty order, which has given rise to filing of the writ petition by the delinquent employee, contending inter alia that no case had been made out for imposition of any penalty much less what has been imposed on him and hence, it be set aside and writ petition as also OA out of which this writ petition arises be allowed.
(3.) THE question therefore that arises for consideration is whether the Tribunal was justified in declining to grant relief prayed for by the petitioner while rejecting his Original Application?;