UNION OF INDIA Vs. GANESH BAHADUR

JUDGEMENT

(1.) Both these writ petitions involving common questions were heard together and are being disposed of by this common judgment. However, the facts of the matter are noticed from CW No. 151/98.

(2.) This writ petition is directed against a judgment and order dated 6/10/1997 passed by the Central Administrative Tribunal, Principal Bench in OA No. 3056/92 whereby and whereunder the Original Application filed by the respondent herein was allowed.

(3.) Allegedly, the respondent absented himself from duty unauthorisedly and willfully on several occasions and despite notice, he did not perform his duties properly. A departmental enquiry was initiated against him. The Enquiry Officer appointed in this behalf submitted his report holding the petitioner guilty of the charges levelled against him. The respondent was dismissed from service by an order dated 7/09/1992. He, thereafter, filed the said Original Application. The said Application, inter alia was filed on the following premise: