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without any clearance, an advice was received from the Head Office on which the amount was credited and, thereafter, withdrawn in two installments namely Rs. 40,000/- and Rs. 17,000/- putting the bank to a loss of Rs. 57,000/-. 4. The Tribunal found that there was ‘no evidence’ to link the deceased delinquent employee with the allegations made in the charge-sheet. The identification card to open the new account did not bear the signatures of the deceased delinquent employee. The original cheque was not produced and was supposed to have been lost in the process of clearing in the head office and the presence of the deceased delinquent employee at the time of withdrawal was not established. The Tribunal further found that the enquiry officer had clearly stated in his report dated 18th May, 2000 that there was no direct evidence to link the deceased delinquent employee with the charge. There was only circumstantial evidence by way of evidence of the employees of Baraut post office, who had deposed that the new account at Baraut Post Office was opened under the influence of the deceased delinquent employee. The fraudulent cheque, cheque list and the voucher of the sub post office were not produced in evidence. There was only circumstantial evidence by way of evidence of the employees of Baraut post office, who had deposed that the new account at Baraut Post Office was opened under the influence of the deceased delinquent employee. The fraudulent cheque, cheque list and the voucher of the sub post office were not produced in evidence. There was no proof of the deceased delinquent employee’s complicity in withdrawals as there was no direct evidence of withdrawals, and that the charge of opening an account on an application (Form SB3), was also not fully established. The oral evidence only proved that the deceased delinquent employee’s influence in opening new account in violation of the departmental rules. 5. We have gone through the entire enquiry report, and the evidence annexed by the petitioner along with the writ petition. We do not find that the conclusion drawn by the CAT are in any way incorrect. The CAT appreciated the entire evidence and found that there was no evidence to connect the deceased delinquent employee with the allegations constituting the charge. The CAT heavily relied upon the conclusion drawn by the enquiry officer and found that the conclusion drawn by the enquiry officer are by way of surmises and conjectures based on the oral evidence regarding influence exercised by the deceased delinquent employee in opening of the account. 6. Shri K.C. Sinha, learned counsel for the petitioner submits that there was circumstantial evidence and that in the departmental enquiry the charges have to be established by ‘preponderance of probabilities’. He would submit that the department led sufficient evidence to show that the deceased delinquent employee had exercised influence on the employees Baraut branch and oral evidence linked him with the charge. He would submit that the Tribunal should not have gone into the matter as an appellate court and submits that initially the competent authority had directed punishment of reduction in rank but that the revisional authority taking into account the gravity of the charges enhanced the punishment by dismissal from service. 7. The scope of enquiry in the matters, where the Tribunal has considered the entire evidence is very limited. This Court under Art. 226 of the Constitution of India would not sit over the judgment of the Tribunal as an appellate Court. 7. The scope of enquiry in the matters, where the Tribunal has considered the entire evidence is very limited. This Court under Art. 226 of the Constitution of India would not sit over the judgment of the Tribunal as an appellate Court. In order to satisfy ourselves we have perused the findings of the Tribunal as well as findings recorded by the enquiry officer and find ourselves in agreement with the Tribunal that there was no evidence to connect the deceased delinquent employee with the charges. A suspicion that the petitioner may have caused influence was no sufficient even on the principles of proof by preponderance of probabilities to connect the deceased delinquent employee with the charges and to punish him with extreme punishment of dismissal from service. 8. We have no doubt that the CAT had powers to scrutinise the evidence and to find out whether there was any evidence in support of the charges. The Tribunal relied upon State of Andhra Pradesh v. Sree Rama Rao, AIR 1963 SC 1723 ; Central Bank of India v. Prakash Chand Jain, AIR 1969 SC 983 ; Bharat Iron Works v. Bhagubhai Balubhai Patel & Ors., AIR 1976 SC 98 ; Rajinder Kumar Kindra v. Delhi Administration, AIR 1984 SC 1805 and Kuldeep Singh v. Commissioner of Police, JT 1998 (8) SC 603, in finding that where in a domestic enquiry the findings are not supported by any evidence on record, and are not based on evidence adduced by the parties, and that no reasonable person could have come to those findings on the basis of that evidence, the Courts can interfere. It was held that where findings of misconduct are based on no legal evidence and the conclusion is one to which no reasonable man could come, the findings can be rejected as perverse. 9. Ordinarily the CAT and this Court should not interfere with the findings of fact recorded in a domestic enquiry, but where these findings are not based on any legal or admissible evidence, it would be perverse finding and would be amenable to judicial scrutiny. 10. The Tribunal assessed the evidence and the enquiry report and found that the form opening account did not bear the signatures of the deceased delinquent employee as introducer. The cheque No. L-150737 dated 1st October, 1994 of Rs. 10. The Tribunal assessed the evidence and the enquiry report and found that the form opening account did not bear the signatures of the deceased delinquent employee as introducer. The cheque No. L-150737 dated 1st October, 1994 of Rs. 57,300/- presented to the Sub-Post Office and sent to the Head Office on the same day for clearance was misplaced and was not produced. The ledger of the Sub Post Office shows that a sum of Rs. 57,300/- was deposited by C.L. 157 dated 10.10.1994/11.10.1994 and after credit of this amount there was a balance in the S.B. Account of Rs. 57,700/-. The Sub Post Office Parchi, C.L. List and E.D. Packer was not proved. The Enquiry Officer found that the withdrawal was not fully proved. The enquiry officer’s conclusions are based only on the presence of the deceased delinquent employee at the time of opening of the account. The Enquiry Officer has made an attempt to link the petitioner’s participation on the ground that he was earlier posted at Baraut and that his daughter was married in the same village in which the person of which the account was opened had his daughter married. 11. The circumstantial evidence in a departmental enquiry to establish the charges, must be valid, admissible, relevant, legal and connect to the allegations made in the charge. The Enquiry Officer must consider all the attending circumstances, which reasonable point to the establishment of the allegations in the charge, leading to a conclusion, which a reasonable man would draw from such facts. Where the Enquiry Officer himself was not satisfied, after assessing the evidence that the deceased delinquent employee had played an active part in the fraud, his findings were vitiated in law. 13. The delinquent employee died during the pendency of the proceedings in CAT. We, therefore, find that no useful purpose will be served to direct a de novo enquiry in the matter. 14. It was contended by Shri Amit Sthalekar, learned counsel for the respondents that the other employees of the Sub-Post Office, Baraut were not charged and did not face enquiry. Shri K.C. Sinha has pointed out to paragraph 32 of the writ petition in which the actions taken against these employees have been detailed. The averments in paragraph 32 of the writ petition do not show whether these employees were charge-sheeted and the result of the departmental enquiry against them. 15. Shri K.C. Sinha has pointed out to paragraph 32 of the writ petition in which the actions taken against these employees have been detailed. The averments in paragraph 32 of the writ petition do not show whether these employees were charge-sheeted and the result of the departmental enquiry against them. 15. The judgment of the Central Administrative Tribunal does not suffer from any error of law. 16. The writ petition is dismissed. ————