UNION OF INDIA Vs. INDERAJIT DATTA

JUDGEMENT

(1.) INDRAJIT Datta, respondent in the appeals herein, was working as Upper Division Clerk in the Naval Establishment. It cannot be disputed that the salary paid to be respondent was part of the estimates of Ministry of Defence. An enquiry under the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (the Rules) was held against him on various charges. As a result of the findings of he Enquiry Officer the respondent was removed from service by the order dated 8.7.1986. He challenged the order before the Central Administrative Tribunal, Calcutta Bench. The Tribunal set aside the order and directed the reinstatement of the respondent without backwages. These appeals by the Union of India are against the judgment of the Tribunal.

(2.) THE question before the Tribunal was whether the Rules were applicable to the permanent civilians in the defence services. Relying upon the judgment of this Court in Union of India v. K.S. Subramanian, 1989 Supp (1) SCC 331, the Tribunal came to the conclusion that the Rules were not applicable to the civilians working in the defence services. The Tribunals set aside the removal order on the following findings: