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2008 Supreme(SC) 412

S.B.SINHA, V.S.SIRPURKAR
Moni Shankar – Appellant
Versus
Union of India – Respondent


JUDGMENT:

S.B. SINHA, J.

1. Leave granted.

2. This appeal is directed against the judgment and order dated 8th March, 2006 passed by a Division Bench of the High Court of Bombay in Writ Petition No. 3748 of 2003 whereby it allowed the writ petition filed by the respondents herein from the judgment and order dated 6th January, 2003 passed by the Central Administrative Tribunal, Mumbai Bench, in O.A. No. 283 of 2002.

3. Appellant herein was working as Booking Supervisor with the Central Railways. He was transferred to Chatrapati Shivaji Terminus in December, 1997. On or about 17th April, 1998 a decoy check was laid in the course whereof he was found to have overcharged a sum of Rs.5/- on the ticket issued to a decoy passenger. A departmental proceeding was initiated wherein the following imputations of charges were drawn :-

"Article - I: He overcharged the decoy passenger by Rs. 5/- (Rs. Five) on issue of one M/E Ticket No. 8148090 Ex. CSTM to Bhubaneshwar.

Article - II: He was found having Rs. 199/- (Rs. One hundred ninety nine) short in his railway cash.

Article - III: He declared his private cash in computer that the monetary ceil















































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