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1997 Supreme(SC) 1385
1997(9) Supreme 121
SUPREME COURT OF INDIA
Sujata V. Manohar & D.P. Wadhwa, JJ.
Union of India & Ors. -Appellants
versus
B.K. Srivastava -Respondent
Civil Appeal No. 7458 of 1997
(Arising out of SLP (C) No. 6345 of 1997)
Decided on 24-10-1997
Counsel for the Parties :
For the Appellants : V.C. Mahajan, Sr. Advocate, (Kishore Kr. Patel), Advocate for Ms. Anil Katiyar, Advocate.
For the Respondent : S.C. Agarwal, Sr. Advocate, B.K. Mishra, Ms. Shabana and Ejaz Maqbool, Advocates.
IMPORTANT POINT
Tribunal can not sit in appeal against the orders of Disciplinary and Appellate Authorities in exercise of its powers of judicial review.
Headnote:SERVICE LAW-Cashier in office of Controller of Defence Accounts-Order of dismissal from service on basis of enquiry report-Tribunal set aside order holding that proper opportunity was not granted to respondent by enquiry officer-Report of enquiry was not furnished to him-There was no evidence to sustain the charges-Tribunal was not right in its approach-Non-supply of enquiry report dated June 29, 1988 would not vitiate enquiry proceedings as law laid down in Ramzan Khan s case was prospective only-Tribunal could not sit in appeal against order of Disciplinary and Appellate Authorities-It was not a case where there was no evidence-Respondent was give sufficient opportunities during enquiry proceedings-Tribunal wrongly exercised its jurisdiction and its order was liable to be set aside. (Paras 6 to 9)
JUDGMENT
D.P. Wadhwa, J.-Leave granted.
2. Union of India is in appeal. It is aggrieved by the judgment dated December 10, 1996 passed by the Central Administrative Tribunal, Allahabad Bench (for short, the Tribunal ) setting aside the enquiry report and the order of dismissal passed against the respondent by the Disciplinary Authority.
3. During the relevant period, the respondent was working as a cashier in the office of the Controller of Defence Accounts (Pensions). Disciplinary proceedings were initiated against him on five charges which were as under:
"Articles of Charges
Article of Charge - I
Shri B.K. Srivastava, SGA A/c No. 8262958 while serving as cashier in the office of the CDA (Pensions) Allahabad during the period 23.08.81 to 19.04.1984 misappropriated Rs. 63,790.36 (Rupees sixty three thousand seven hundred ninety and paise thirty six only) from public fund account which was found short with him at the time of surprise check carried out on 19.04.1984. Thus he did not maintain absolute integrity and acted in a manner most unbecoming of a Govt. servant in violation of rule 3(1)(i) and 3(1)(iii) of CCS (Conduct) Rules, 1964.
Article of Charge - II
Shri B.K. Srivastava, SGA (A/c No. 8262958) while serving as a cashier in the office of the CDA (Pension) Allahabad during the period from 23.08.1981 to 19.04.1984, did not obtain Demand Draft from S.B.I., Allahabad in favour of the Divisional Manager, LIC of India, Kanpur for Rs. 50,696.86 (Rupees fifty thousand six hundred ninety six and paise eighty six only), representing life insurance premium recovered from the pay and allowances of the staff under "Salary saving scheme" for the period from 10/1983 to 3/1984. Thus, he misappropriated a sum of Rs. 50,696.86 (Rupees fifty thousand six hundred ninety six and paise eighty six only) whereby he did not maintain absolute integrity and devotion to duty and acted in a manner of unbecoming of a Govt. servant in violation of rules 3(1)(i), 3(1)(ii) and 3(1)(iii) of CCS (Conduct) Rules, 1964.
Article of Charges - III
Shri B.K. Srivastava, SGA (A/c No. 8262958) while serving as a cashier in the office of the CDA (Pension) Allahabad during the period from 23.08.1981 to 19.04.1984, received a sum of Rs. 36,600/- (Rupees thirty six thousand six hundred only) on 16.04.1984 from the Treasurer CDA (P) CSD Canteen for depositing the same in S.B.I. Allahabad in the S.B. A/c of unit canteen (CAS) CDA (P) Allahabad. Out of this amount he neither deposited a sum of Rs.16,600/- (Rupees sixteen thousand and six hundred only) in S.B.I. on account of canteen (CSD) CDA (P) Allahabad, nor returned the said amount to the Treasurer, CDA (P) CSD Canteen. Thus he misappropriated a sum of Rs.16,600/- (Rupees sixteen thousand and six hundred only) in S.B.I. on account of canteen (CSD) CDA (P) Allahabad, nor returned the said amount to the Treasurer, CDA (P) CSD Canteen. Thus he misappropriated a sum of Rs.16,600/- Rupees sixteen thousand and six hundred only) on account of sale proceeds of CDA (P), CSD Canteen whereby he did not maintain absolute integrity and acted in a manner most unbecoming of a Govt. servant in violation of Rule 3(1)(i) and 3(1)(iii) of CCS (Conduct) Rules, 1964.
Article of Charges - IV
Shri B.K. Srivastava, SGA (A/c No. 8262958) while serving as a cashier in the office of the CDA (Pension) Allahabad during the period from 23.08.1981 to 19.04.1984, did not hand over to the Treasurer CDA (P) Thrift and Credit Cooperative Society the total amount deducted by him from the pay and allowances of the staff on the pay day or Thereafter on account of cooperative dues in lump sum on month to month basis but in piece meal in arrears, whereby he misappropriated society s dues amounting to Rs. 13,789.95 (Rupees thirteen thousand seven hundred eighty nine and paise ninety five only). Thus he did not maintain absolute integrity and devotion to duty and acted in a manner most unbecoming of a Govt. servant in violation of Rule 3(1)(i), 3(1)(ii) and 3(ii
