S.N. Jha, Rajesh Balia, J. - (1.) The petitioner has called in question the decision of the Central Administrative Tribunal, Jodhpur Bench, Jodhpur dated 21.12.2002 in O.A. No. 214/2001. He had filed the application for quashing the order dated 26.7.2001 by which he had been awarded the penalty of reduction of pay in the same scale from Rs. 8900/- to 8100/- for a period of three years without cumulative effect. The main ground on which the validity of the order was challenged was that the authority which had passed the order was not competent in terms of the delegation of powers. The Tribunal relying on a decision in O.A. No. 28/2000 titled as R.K.P. Singh v. Union of India and others , held that the authority holding independent charge of the Branch is competent to award penalty and accordingly rejected the application. The Tribunal, however, gave opportunity to the petitioner to prefer appeal against the impugned order before the appellate authority.
(2.) It may be mentioned here that, simultaneously, the petitioner had preferred appeal before the appellate authority a fact which he did not disclose in the application before the Tribunal. The said appeal came to be disposed of by the appellate authority vide order dated 24.4.2002 whereby while maintaining the finding of guilt, the quantum of penalty was reduced by reducing the period from three years to one year. Not satisfied, the petitioner approached this Court by the present writ petition.
(3.) The sole question for consideration is whether the authority namely Shri Alok Mishra, Divisional Engineer/Headquarter, N. Rly., Jodhpur was competent to award the penalty in terms of the delegation of powers.;