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2019 Supreme(Del) 2360

G.S.SISTANI, ANUP JAIRAM BHAMBHANI
Union of India – Appellant
Versus
Pravin Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. R.V. Sinha, Senior CGC with Mr. Amit Sinha, Government Pleader and Mr. Vaibhav Pratap Singh, Advocate.

JUDGMENT :

G.S. SISTANI, J.

1. The present petition is directed against order dated 10.01.2019 passed by the Central Administrative Tribunal (‘Tribunal’) in OA No. 2381/2018. At the relevant time the respondent was working as Executive Engineer in the Ministry of Defence. A charge memo was issued to him on 18.11.2004 on the ground that he had demanded and accepted illegal gratification of Rs. 5,000/- from one Umesh Salgaonkar, Partner of M/s S.K. Salgaonkar & Brothers, Vasco, Goa for recommending the extension of the time for completion of work of construction of 24 deficient married accommodation for the Navy at NOFRA, Goa.

2. It may be noted that criminal proceedings were also initiated against the respondent, which resulted in acquittal of the respondent by the Criminal Court.

3. The Inquiry Officer submitted the report on 10.07.2017; which was examined by the Disciplinary Authority and the following observations were made :

    “I am directed to refer to the Inquiry Report dated 10.07.2017, forwarded therewith vide letter dated 29.07.2017 in the disciplinary proceedings against Shri Pravin Kumar. EE.

“2. On examination of Inquiry Report it has been observed that –

(i) the IO has arrived a

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