UNION OF INDIA Vs. OM PRAKASH

JUDGEMENT

(1.) Special leave granted.

(2.) As a result of the disciplinary proceeding 0m Prakash, respondent was removed from service by an order dated 12/02/1981. He challenged the order before the central Administrative tribunal, allahabad bench. Relying upon the judgment of this court in Union of india v. Mohd. Ramzan Khan the tribunal set aside the order of removal on the ground that the copy of the Enquiry Report was not supplied to the respondent. This appeal by the Union of India is against the judgment of the central Administrative tribunal.

(3.) Mrs Kitty Kumar Mangalam, the learned counsel for the Union of india has contended that the judgment of this court in Mohd. Ramzan khan case has prospective application and as such the punishment imposed on the respondent in the year 1981 could not be challenged by seeking support from the said judgment. She has placed reliance on para 17 of the judgment in Mohd. Ramzan case which is as under: