B C CHATURVEDI UNION OF INDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) ):- Leave granted.

(2.) This appeal and the companion appeal filed by the Union of India arise from the order of the Administrative Tribunal in O. A. No. 609 of 1986 dated March 14, 1989. Appellant's integrity, while he was working as Income-tax Officer, had come under cloud. On an investigation made by the C. B. I. it had stated to the respondent that though the evidence collected during investigation disclosed that the appellant had assets disproportionate to his known source of income, as the evidence was not strong enough to lay prosecution under Section 5 (1) (e) of the Prevention of Corruption Act, 1947 (for short, the Act'), the competent authority might proceed against the appellant in departmental inquiry.

(3.) In furtherance thereof on March 2, 1982, the appellant was served with the charge-sheet contaning four specific charges for violating different conduct rules and misconduct of being in possession of property disproportionate to his known source of income. After given reasonable opportunity and conducting inquiry, the Inquiry Officer submitted his report on January 28, 1984 holding the charges to have been proved. After consultation with the Union Public Service Commission on March 11, 1985, the appellant was dismissed from service by order dated October 29, 1986. The Tribunal after appreciating the evidence upheld all the charges having been proved but converted the order of dismissal into one of compulsory retirement. The appeal was filed by the delinquent officer challenging the findings on merits, and the Union filed an appeal canvassing the jurisdiction of the Tribunal to interfere with the punishment imposed by it.