SAGIR AHMAD Vs. UNION OF INDIA

JUDGEMENT

(1.) Special leave granted.

(2.) The appellant joined service as casual labourer in the Income Tax department on 1-9-1979. He was involved in a criminal case and as a consequence he was arrested on 17-4-1985. By an order dated 18-4-1985 his services were terminated. The Department informed the appellant by the letter dated 26-8-1985 that his services were terminated because of his involvement in a criminal case and his consequent arrest by the police. The appellant was tried on the charges under Section 25 of the Arms Act, 1959 and also under Sections 5/6 Explosives Act. The appellant was, however, acquitted by the 2nd Additional chief Judicial Magistrate, Agra by his judgment dated 14-1-1992. Even after acquittal the Department refused to reinstate him in service. The appellant approached the Central Administrative Tribunal but his application was dismissed by the Tribunal on the ground of delay.

(3.) Mr N. N. Goswami, learned counsel appearing for the respondents has contended that the appellant was working as a casual labourer and as such he had no right to hold the post. On the other hand, learned counsel for the appellant argues that the appellant worked for five and a half years and had become entitled to the status of a temporary employee.