UNION OF INDIA Vs. S NAGARAJAN

JUDGEMENT

(1.) LEAVE granted. Heard both the parties.

(2.) THE respondent was appointed as a casual employee in the Central cattle Breeding Farm run by the first respondent. In 1992, he was arrested in connection with some criminal case. He reported back on duty on 28. 2. 1993. The second appellant did not allow him to join duty, as he was involved in a criminal case. The respondent approached the Central administrative Tribunal, Chennai Bench in OA No. 1332/1993. The said OA was dismissed by an Order dated 28. 3. 1995 in view of the pendency of the criminal case, with an observation that if respondent was exonerated, it will be open to appellants to re-engage the respondent.

(3.) THE learned counsel for the respondent submitted that having regard to the order dated 28. 3. 1995 passed by the Central Administrative Tribunal in the first round of litigation, which had attained finality, the respondent was entitled to relief, on being acquitted in the criminal case. He submitted that on the facts of this case, the decision in Secretary, State of Karnataka vs. Umadevi [2006 (4) SCC 1], would not apply.