C.S. Raghavendra Rao vs The Union of India

Mohan M. Shantanagoudar, J.—The order of the Disciplinary Authority dated 23.2.2011 and the order of Appellate Authority dated 12.3.2011 as well as the order dated 16.1.2013 passed by Central Administrative Tribunal in OA No. 115/2012 are called in question in this writ petition. On the charge of writing letters which stated to have denigrated the status of higher officials, the enquiry came to be held against the petitioner. The enquiry was conducted for three long years. Ultimately the Disciplinary Authority by the order dated 23.2.2011 imposed penalty of compulsory retirement on the petitioner. The said order is confirmed by the Appellate Authority as well as the CAT by the impugned order.

On going through the material on record, we are of the clear opinion, that the Disciplinary Authority as well as the Appellate Authority have rightly concluded that the charges leveled against the petitioner are proved. Even the CAT on re-appreciating the material on record has come to the very conclusion. Hence the finding on facts to that effect is not interfered with. However, we find that the penalty imposed is highly disproportionate to the proved charges. It is no doubt true, that the petitioner has written certain letter, which contains un-parliamentary language such as "You are a curse, perilous and you have intentionally and knowingly derided, disregarded and lampooned the position (PIO) assigned to you by returning my 2 RTI applications. You have exhibited your height of foolishness and rank stupidity." Such letter is written about in the year March 2010. No doubt, it is a misconduct, which may invite penalty of withholding the increments with cumulative effect. The petitioner is already aged about 53 years. Subsequent to March 2010 no incidents of allegations are forthcoming against the petitioner. Having regard to the totality of facts and circumstances of the case, in our considered opinion, interest of justice would be met, if the petitioner is warned and imposed with-holding of 2 increments with cumulative effect. Accordingly, we pass the following:-

ORDER

Penalty of warning and with-holding of two increments with cumulative effect is imposed on the petitioner by virtue of this order. The orders imposing penalty passed by the Disciplinary Authority, Appellate Authority and CAT are modified accordingly. Petitioner shall be reinstated within three months with all consequential benefits.

With the above observation this writ petition stands disposed of.