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2016 Supreme(Gau) 799

HRISHIKESH ROY, L.S.JAMIR
UNION OF INDIA – Appellant
Versus
P. K. CHOUDHURY – Respondent


Advocates Appeared:
For the Petitioner: Mr. Y. Doloi, CGC.
For the Respondent:Mr. S. Dutta, Advocate.

JUDGMENT :

Hrishikesh Roy, J.

Heard Mr. Y. Doloi, learned Central Government Counsel, appearing for the petitioners. The respondent/applicant is represented by Mr. S. Dutta, Advocate.

2. The challenge here is to the order dated 23.4.2012 (Annexure-III to the O.A. No. 44/2011) whereby the learned Central Administrative Tribunal (hereinafter referred to as the 'CAT') granted relief to the retired applicant and quashed the penalty order dated 20.12.2010 whereby the punishment of withholding of 20% of the monthly pension for a period of 5 years, was inflicted on the delinquent by invocation of the powers conferred under Rule 9(1) of the Central Civil Services Pension Rules (hereinafter referred to as 'the Pension Rules'). At the relevant time, the applicant was functioning as the Joint Area Organiser in the SSB at Palia (UP) and the disciplinary proceeding was drawn up against him on the following three charges :

"Article-I.

That the said Shri P.K. Choudhury, while functioning in the Area Office, Palia in the capacity of Head of Office and Drawing and Disbursing Officer with effect from 28.02.2002 preferred the claim on account of arrears of ration money allowance for Rs. 8,32,375/- (Rupees





















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