JUDGMENT :

Talwant Singh, J.

1. The present petition has been filed challenging the order dated 12th November, 2013 in OA No. 1443/2012 passed by the Principal Bench of Central Administrative Tribunal (CAT), New Delhi whereby the present Petitioners were directed to reinstate the present Respondent with all his service benefits.

2. The brief facts as mentioned in the petition are that the Respondent was initially appointed as a Booking Clerk in the Railway Department on 26th December, 1996. The Vigilance Department conducted a check on 25th May, 2004 in the Booking Office, Ambala Cantt where Respondent was handling Counter No. 4 and it was found that he had committed serious irregularities. A major penalty charge sheet was issued to the Respondent and he was suspended on 16th June, 2004.

3. The Disciplinary Authority appointed an Inquiry Officer on 8th December, 2004. The Respondent on 11th April, 2005 asked for a change of Inquiry Officer but this request was not accepted. The Respondent was asked to appear in the enquiry on 11th May, 2005. The Respondent did not appear before the Inquiry Officer for almost two years from 9th November, 2005 to 25th September, 2007. Document No. 16 was supplied to Respondent by the concerned Authority on 1st May, 2006 and all the additional documents as desired by the Respondent were provided to him on 27th September, 2006.

4. The Respondent again made a detailed representation to the Disciplinary Authority for change of Inquiry Officer but this request was again rejected on 26th March, 2007. The Respondent was directed to submit his defence on 15th October, 2007 and he submitted the same on 25th October, 2007 and thereafter, the Inquiry Officer submitted his enquiry report on 25th November, 2007 and all the charges stood proved against the Respondent.

5. The Respondent submitted his representation against the Inquiry Officer's report on 14th March, 2008. The Disciplinary Authority imposed a penalty from removal of service on the Respondent on 3rd June, 2008. The Respondent submitted his appeal against the penalty order on 23rd June, 2008 which was considered by the Appellate Authority and the same was rejected.

6. The Respondent submitted a revision petition on 2nd February, 2010 and the Revisionary Authority modified the penalty of removal from service to compulsory retirement vide order dated 26th August, 2011. The Respondent submitted an appeal to the Chief Commercial Manager through Divisional Office on 13th September, 2011 for further consideration but he was informed that he had already exhausted all the channels at divisional level and the only channel open for him was to prefer the mercy/appeal to the President of India.

7. Original Application (OA) was filed by the present Respondent before CAT and the Petitioners filed their counter affidavit, to which rejoinder was filed by the present Respondent. On 12th November, 2013 CAT quashed and set aside the entire enquiry proceedings and allowed the OA filed by the Respondent.

8. The present petition has been preferred by the Petitioners on the grounds that CAT failed to appreciate that Inquiry Officer was never biased; the enquiry report and all other related documents proved that the Respondent was guilty and is liable for the punishment; the Respondent wilfully remained absent from the enquiry proceedings and he was given a number of opportunities by following principles of natural justice. It has been further submitted that the Respondent had committed serious irregularities; that the consultation with the Vigilance Department/Northern Railway, Headquarter Office was not binding in nature and that the Tribunal/Courts cannot go into the correctness of the charges and re-appreciate the evidence. Moreover, the Tribunal cannot interfere with the discretion exercised by the Disciplinary Authority or the Appellate Authority regarding imposition of punishment, penalty and the charges proved against the Respondent. Even if two views are possible on the