UNION OF INDIA Vs. S KRISHNAN

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of a Division Bench of the Madras High Court allowing the writ petition filed against the order passed by the Central Administrative Tribunal, Chennai (in short, the Tribunal).

(3.) Background facts, in a nutshell, are as follows: The respondent was appointed as Gangman by the Railway Department in the year 1976. He claimed to be a member of Scheduled Tribe, i.e., Malayalee Community. After he joined service, he was directed to produce the Community Certificate. The Deputy Tehsildar, Dharmapuri, issued a certificate on 16.8.1976. In the year 1991, the General Manager, Southern Railway, Dharampuri requested the District Collector of the District to verify the respondents Community Certificate. The Collector sent a report stating that the Community Certificate filed by the respondent was a bogus one and cancelled the same. After receipt of the report, charge sheet was issued and departmental inquiry was conducted. During pendency of the departmental inquiry, respondent filed a Civil Suit in the District Munsif Court, Dharampuri, i.e., O.S.No.4/1998, for decree of declaration that he belonged to Malayalee Community. In the suit, a prayer was made for direction for production of the original community certificate. The Inquiry Officer closed the inquiry and submitted his report on the basis of which order of removal from service was passed on 23.12.1998. A challenge was made to the said order by filing an Original Application, i.e., O.A.No.1156/1999. The same was disposed of with the observation that if a departmental appeal is preferred, the same shall be disposed of within a particular time. Since the appellate authority dismissed the appeal, a revision was filed. As, according to the respondent, there was some delay in disposal of the revision petition, again the Tribunal was moved in O.A.No.832/2000. By order dated 28.7.2000, the Tribunal directed the Revisional Authority to pass the order within a particular time. The Revisional Authority modified the order of removal from service to one of compulsory retirement with effect from 23.12.1998. Another Original Application, i.e., O.A.No.1403/2000, was filed before the Tribunal which was dismissed.