UNION OF INDIA Vs. R K RASTOGI

JUDGEMENT

(1.) Petitioner has directed this petition against the judgment and order dated 28/6/1999 of Central Administrative Tribunal, Principal Bench (in short the Tribunal) allowing the OA.No.2450/95 quashing the orders of the Disciplinary and Appellate Authority and directing reinstatement of respondent in service with all consequential benefits with costs.

(2.) The respondent was appointed as Assistant Station Master (ASM) after being selected on Railway Service Commission on 25/2/1987. He was Initially posted at Railway Station Chakrajanmal and after a few years he was transferred to Aghwanpur Railway Station (AMP) in the year 1990 at Moradabad Saharmpur Section. He met with a road accident. on 29/5/1990 at AWP. He remained under medical, treatment of railway doctor for one year and was discharged from hospital on 6/8/1991 after being declared medically fit. He was recommended light duty for three months. A medical certificate dated 6/8/1991, was also issued. He was, however, kept on light duty for about two years. The respondent was directed to Join his parent post as ASM on 10/11/1993 but he did not report for duty and remained absent and later on submitted private doctor's certificate. He thus remained on unauthorised absence from 9/12/1993 to 15/2/1994 for which he was charge-sheeted on 4/4/1994. enquiry was conducted and the Enquiry Officer found the respondent guilty of the charge vide his report dated 18/5/1995.

(3.) The Disciplinary Authority confirmed the finding of the Enquiry Officer and dismissed the respondent from service on 15/5/1998. The appeal of the respondent against the said order was rejected by the Appellate Authority on 17/7/1995. The Reviewing Authority upheld the order of dismissal on 17/11/1995. Aggrieved by the same, respondent filed OA.No-2450/95 before the Tribunal which was allowed on 28/6/1999. Aggrieved by the orders of the Tribunal, Union of India has filed the present writ petition before this Court.