2026:UHC:1716-DB SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PSB/ 9 9 / 2 0 2 4 Hon ’ble Man oj Ku m ar Tiw ar i, J. Hon ’ble Pan k aj Pu r oh it , J. Mr. Rajesh Sharma, learned Standing Counsel for the State of Uttarakhand. 2. Union of India has filed this writ petition, challenging judgment dated 23.11.2023, rendered by Central Administrative Tribunal, Principal Bench, Delhi Circuit sitting at Nainital in T.A. No. 11 of 2018. By the said judgment, the punishment of removal from service imposed upon respondent was set aside and the Disciplinary Authority was asked to re- consider the punishment imposed upon him. 3. Learned Tribunal held that punishment imposed upon the respondent is disproportionate to the nature and gravity of charge, therefore, the punishment needs re- consideration. 4. Learned counsel for the petitioner submits that respondent was removed from service for the charge of unauthorised absence from duty and there was one more charge, namely, embezzlement of government money to the tune of Rs. 12,704.94/ -. 5. It is not in dispute that respondent died soon after his dismissal from service. His case 2026:UHC:1716-DB before the Tribunal was that he was not given show cause notice, before imposing the extreme penalty of removal from service. It was further contended by him before the learned Tribunal that he was tried by a criminal court for the charge of embezzlement and the court concerned acquitted him of the said charge, therefore, he cannot be punished for charge of embezzlement. 6. Since learned Tribunal has merely remanded the matter back to the Disciplinary Authority to re-visit the issue of punishment and now the ball is in the court of the departmental authorities, therefore, we do not find any reason to interfere with the impugned judgment, rendered by learned Tribunal. 7. The writ petition fails and is dismissed. ( Pan k aj Pu r oh it , J.) ( Man oj Ku m ar Tiw ar i, J.) 13.03.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df0 06da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA87 5643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.03.13 17:47:10 +05'30'