Ramesh Singh Thakur ORDER
Navin Tandon, Member (Ad.)
1. This Original Application has been filed challenging the legality, validity and propriety of charge-sheet dated 11.01.2011 (Annexure A-1). The applicant is also aggrieved by an order dated 12.04.2010 (Annexure A-2) whereby he was placed under suspension.
2. The brief facts of the case as submitted by the applicant are as under:-
2.1 He was initially appointed as Clerk on 09.11.1998 and in due course of time he was promoted as Assistant Accounts Officer (for brevity 'AAO') on 02.04.2007.
2.2 He was placed under suspension vide order dated 12.04.2010 (Annexure A-2). The reasons for suspension were assigned by the respondents vide their letter dated 23.06.2010 (Annexure-A-4) mentioning that it has since been intimated by SBI Main Branch Jabalpur that a sum of Rs. 5,61,000/- found credited in the Savings Bank Account held in the name of her wife Smt. Poonam Tiwari.
2.3 Against the order of suspension, he preferred an appeal on 14.07.2010 (Annexure A-8), which was rejected vide order dated 11.01.2011 (Annexure A-2).
2.3 A memorandum of charge dated 11.01.2011 (Annexure A-1) was also served upon the applicant.
2.4 The CBI has also taken cognizance of the same incident of fraud committed by Shri Ranjan Kumar Rout and some other persons. The wife of the applicant Smt. Poonam Tiwari has been made accused in the charge-sheet.
2.5 There is no material to establish that he was involved in the fraud committed by said Shri Ranjan Kumar Rout in any manner; no material has also been enclosed along with the charge-sheet to establish that he had received any money from Shri Ranjan Kumar Rout or he has paid any amount to Shri Ranjan Kumar Rout.
2.6 The charge sheet issued against the applicant is totally vague and ambiguous which does not constitute any misconduct against the applicant under the Conduct Rules.
3. The applicant has sought for the following reliefs in this Original Application:-
"7(i) Summon the entire relevant record along with preliminary Enquiry Report from the respondents for its kind perusal.
(ii) Quash and set aside the impugned charge-sheet dated 11.1.2011 Annexure A/1 and the suspension orders dated 12.4.2010 Annexure A/2 and 11.1.2011 Annexure A/3 whereby the appeal against the suspension has been rejected.
(iii) Consequently command the respondents to reinstate the applicant with all consequential benefits as if the impugned orders aforesaid are never passed;
(iv) Any other order/orders, which this Hon'ble Court deems fit and proper may also be passed;
(v) Award cost of the litigation in favour of the applicant".
4. The respondents in their reply have submitted as under:-
4.1 A case of fraudulent payment of final settlement of Armed Forces Personnel Provident Fund/Death Linked Insurance (for brevity AFPPF/DLI) of PBORs of Corps of Signals was noticed in 12/2009. On investigation, the State Bank of India, Civil Lines Branch, Jabalpur vide their letter dated 16.03.2010 (Annexure R-1) inter-alia intimated that a sum of Rs. 91,09,280/- against a Defence cheque bearing No. 163751 dated 30.09.2009 was credited into 15 Savings Bank Accounts.
4.2 In the letter dated 16.03.2010 of SBI Jabalpur it has been further stated that a sum of Rs. 5,61,000/- was found credited on 07.01.2009 into Savings Bank Account No. 30491306842 held in the name of the applicant's spouse Smt. Poonam Tiwari amongst other officials of PAO(ORS) Corpos of Signals, Jabalpur. Thus, she obtained a wrongful gain from the government exchequer through a Defence cheque mentioned above to which she was not legally entitled.
4.3 The applicant was posted in the office of PAO(Ors) Corps of Signals, Jabalpur. He has good relations with said Shri Ranjan Kumar Rout, AAO posted in the PAO(Ors) Corps of Signals, Jabalpur, who is one of the illegal beneficiaries. The applicant thus misused his official position while serving in the Office of PAO(Ors) Corps of Signals, Jabalpur in collusion with other beneficiaries for wrongful pecuniary gain.
4.4 Since a prima facie case ........