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2008 Supreme(Bom) 302

RANJANA DESAI, ROSHAN DALVI
Nilesh R. Mandra – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Mr. I. A. BAGARIA. for Petitioner.
Mr. T. J. PANDIAN, for Respondent Nos.1 to 4.

JUDGMENT:-

Smt. ROSHAN DALVI, J. :-

The petitioner has challenged the action of the respondents in removing the petitioner from service.

2. The petitioner served as a Booking Clerk for issuing daily tickets with respondent no.1. A departmental enquiry came to be held against the petitioner with respect to certain manipulations in the records and overcharging a decoy passenger by Rs.25/- whilst he served as a Booking Clerk and issued the ticket to the passenger. The Inquiry Officer recommended the punishment of removal from service upon one of the two charges being proved against the petitioner. That was the charge in respect of the overcharging of the decoy passenger by Rs.25/-. The Disciplinary Authority accepted the recommendation and removed the petitioner from service. Appeal there from failed on 19.6.2002. A further order was passed in revision by the Revisional Authority on 10.10.2002. An Original Application was filed before the Central Administrative Tribunal (CAT), which, by its order dated 15.9.2004, refused to interfere with the impugned order. That order, Exhibit-A to the petition, has essentially been challenged.

3. The facts of the case reveal that the decoy passenger,















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