VIPIN SANGHI, J.

1. The petitioner has preferred the present petition to assail the order dated 5th July, 2013 passed by the Principal Bench, Central Administrative Tribunal, New Delhi in Original Application No.375/2011. The said Original Application (OA) preferred by the petitioner/applicant, to assail the disciplinary proceedings initiated against him and the consequential order passed thereof, has been dismissed. The petitioner has also sought a declaration that the period under suspension from 9th August, 2005 to 27th December, 2005 be treated as spent on duty for all purposes.

2. The petitioner, at the relevant time, was serving as a Public Relation Officer with the respondents at Meerut. During the course of his functioning, he was required to submit a verification report in respect of a firm called M/s Silver Stone Communication, Jai Devi Nagar, Meerut, verifying the authenticity of the said firm. The petitioner, accordingly, gave his verification report. On the basis of the said verification, during the period 21st June, 2005 to 21st July, 2005, a sum of Rs.98,100/- for 109 V.P. Money Orders was paid to the said firm. However, subsequently, it was found that the said firm was fake. Consequently, disciplinary proceedings were initiated against the petitioner for submitting a false report.

3. The petitioner was initially placed under suspension on 9th August, 2005. The suspension of the petitioner was revoked on 27th December, 2005. In the meantime, on 19th October, 2005, the petitioner was issued a charge-sheet by the disciplinary authority. The Article of Charge, as translated, reads as follows:-

“Article-I While working as PRI (P) Meerut City HPO during 28-04-2005 to 21-07-2005 verified the so called firm M/S Silver Stone communication, Jai Devi Nagar, Meerut only on the basis of rent receipt of shop No.01 dated 25-04-2005 for Rs 800/- a deposit slip of advance of Dena Bank for Rs.3000/- and a ration card issued on address:- 130-Sharma Nagar, while the proprietor of the firm named Sh.Rakesh Bhasin stated on 29-07-2005 before Sh.SS.Negi O/S % the SS Pos Meerut. That the pass book of the firm is not yet prepared and the deposited amount has been returned to him and even the registration of the Firm is not made while under the mail orders system from business customers willing to do, could have been completed in prescribed Questionire Form under which the Firm Regn. Certificate, Details of Bank A/C Number, PAN of Income tax, Sales Tax PAN No, nature of business etc. and obtained other some requisite informations could have been verified from concerned offices. Therefore the verification of the firm could not be done properly resulting which to the firm which was found Fake in the enquiry a sum of Rs.98100/- for 109VP MOs was paid during 21-06-05 to 21-07-05.

It is therefore alleged that while working afore said capacity Sh. PP Gupta failed to maintain devotion to duty and worked as non becoming of a Govt. servant and there by violated rule 3(1) (ii) and 3(I) (iii) of CCS (Conduct).”

4. Pursuant to the departmental inquiry the inquiry officer vide report dated 1st March, 2008 found the petitioner guilty of the misconduct. Consequently, the disciplinary authority-after duly complying with the requirements of law and granting an opportunity to the petitioner to make his representation, accepted the inquiry report and punished the petitioner with the penalty of withholding of his next one increment without cumulative effect for a period of four years. He also directed that the suspension period between 9th August, 2005 and 27th December, 2005 be treated as dies non for the purpose of increment, leave, pension etc.

5. The petitioner, then preferred an appeal before the Appellate Authority. The Appellate Authority upon perusal of the appeal and the order passed by the disciplinary authority, issued a show cause notice to the petitioner proposing to enhance the punishment. The said show cause notice was issued on 22nd Augu