UNION OF INDIA Vs. HEM RAJ

JUDGEMENT

(1.) The petitioner has challenged the order dated 8th August, 2007 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A No.1411/2006 titled Hem Raj v. Union of India & Ors allowing the original application of the respondent and quashing the termination order dated 28th February, 2006 and granting all the consequential benefits to the respondent.

(2.) The services of the respondent were terminated under sub Rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965. The respondent was engaged as a casual labour (Waterman) from 19th October, 1993 to 23rd November, 1994 after he was sponsored by employment exchange. His appointment was extended for further period and on 31st December, 1995 his status was changed to that of contract labour and he continued as such till September, 1996. Pursuant to an O.A No.179/1996 filed by the respondent, he was appointed as a casual labour with temporary status with effect from 3rd July, 1997 and thereafter by order dated 28th December, 2005 he was appointed as causal worker Safaiwala a Group `D' post in Central Government.

(3.) On account of an FIR registered against the respondent by some unknown person, he was suspended by order dated 1st February, 2006, however, later on 27th February, 2006 the suspension of the petitioner was revoked and thereafter on 28th February, 2006 the services of the respondent were terminated. Aggrieved by the order of termination by order dated 28th February, 2006 after first suspending then revoking the suspension order, the petitioner filed an original application being 1411/2006.