JUDGMENT

M. Jagannadha Rao, J.-This is an appeal by the Union of India and the Collector of Central Excise against the judgment of the Central Administrative Tribunal in Tr. A. No. 660 of 1986 dated 5.12.1986 allowing the petition filed by the respondent.

2. The respondent was working as Superintendent of Central Excise. While so, on 14.11.1977, was served with a memo of eight charges and an inquiry was conducted. The Inquiry Officer submitted a report dated 17.5.1978 stating that charge No. 4 was not proved, charge No. 8 was partly proved and other charges were held proved. The respondent retired from service on 31.5.1978. A show cause notice dated 18.3.1982 was issued under Rule 9 of the Central Civil Services (Pension) Rules, 1972 (hereinafter called the Rules ) proposing withdrawal of full pension and gratuity admissible to the respondent on the ground that the Government suffered substantial loss of revenue due to the misconduct of the respondent. The respondent submitted an explanation. The Union Public Service Commission was consulted and the Commission felt that charges 4 and 6 were not proved but concurred with the findings of the Inquiry Officer on other charges. Based on