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2008 Supreme(All) 1519

SUNIL AMBWANI, SABHAJEET YADAV
UNION OF INDIA – Appellant
Versus
CENTRAL ADMINISTRATIVE TRIBUNAL – Respondent


Advocates:
Counsel :
K.C. Sinha for the Petitioner; Amit Sthalekar for the Respondents.

JUDGMENT

By the Court.—Heard Shri K.C. Sinha, learned counsel for the petitioner. Shri Amit Sthalekar appears for the heirs of the delinquent employee, who had died on 31.7.2005 and was substituted by his heirs in the Central Administrative Tribunal (CAT).

2. The Union of India and others have challenged the order passed by CAT by which the Tribunal has allowed the Original Application with the findings that there was no evidence against the deceased delinquent employee to establish the charges of fraud of withdrawing the amount of Rs. 57,000/- from an account at post office Baraut.

3. The deceased delinquent employee was charged with influencing other employees involved in a fraud in which a leaf of the cheque book of a closed account in Kutchery post office was used to deposit Rs. 57,000/- in a new account opened at Baraut Post Office, where the petitioner was posted earlier and then withdrawal of the entire amount. It was alleged in the charge-sheet that on the influence and introduction by the deceased delinquent employee the new bank account was opened and that without any clearance, an advice was received from the Head Office on which the amount was credited and, thereafter, wit














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