JUDGMENT

M. S. Karnik, J. - The Petitioners by this petition under Article 226 of the Constitution of India challenge the impugned judgment and order dated 25/06/2001 passed by the Central Administrative Tribunal, Mumbai Bench, Mumbai in Original Application No. 1176 of 1996.

2. The facts of the case in brief are;

The Respondent (D. D. Raut), since deceased (employee for short), while working as Assistant Accounts Officer (S&C) in the Central Railway, drew a cheque for Rs. 48,360/ in his own name from Railway account and encashed the same. He was placed under suspension from 24/03/1983 till 31/07/1989 for misappropriation of the Railway fund. The entire amount of Rs. 48,360/ was refunded by the employee to the Petitioners on 31/05/1983. On 31/07/1989 the employee retired from service on superannuation.

3. On 24/08/1993 chargesheet was issued to the employee asking him to show cause as to why pension should not be withheld in full or part thereof. He filed reply on 18/10/1993. The Petitioners referred the case to the UPSC for advice and vide report dated 23/05/1995 UPSC advised withholding the entire monthly pension of the Respondent on permanent basis. The Railway Ministry referred