UNION OF INDIA Vs. J R DHIMAN

JUDGEMENT

(1.) The respondent, who was a Pharmacist at the relevant time, was removed from service by an order made pursuant to a disciplinary enquiry initiated against him. An appeal was preferred by him against that order and the appellate authority upheld the order made by the disciplinary authority. Thereafter, revision proceedings were initiated and the revisional authority reduced the punishment from removal from service to that of reduction in time scale of pay of the two stages for a period of two years with cumulative effect with a direction that the appellant (respondent herein) may be allowed to be posted at Delhi area but outside the central Hospital as well as Queens road Hospital, Delhi. That order was challenged by an application before the central Administrative tribunal, Principal bench, New Delhi. The tribunal by an order made on 28/9/1993 allowed the appeal, set aside the order made by the revisional authority and directed the revisional authority to pass appropriate order afresh on merits in accordance with law in the light of the observations made in the course of the order to the effect that

(2.) Thereafter an application was filed before the tribunal staling that the respondents had not complied with the order made by the tribunal earlier as a punishment of removal from service had been imposed against him. The tribunal after considering the contentions on either side ultimately stated as follows:

(3.) This order is in challenge before us. On 28/4/1997, this court while granting leave to appeal stayed the operation of the order pending disposal of the appeal, however making it clear that it is open to the respondent to challenge the order of removal from service, if he is, otherwise, entitled to do so in law. That order of removal from service made by the respondent has been challenged separately and we are not concerned with the same in these proceedings.