UNION OF INDIA Vs. VIMAL KUMAR

JUDGEMENT

(1.) Petitioners-Union of India, The Chairman, Central Board of Excise and Customs, The Chief Commissioner of Customs and Central Excise Commissionerate, Meerut assail in this writ petition the judgment dated 6.5.2004 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as 'the Tribunal'). By the impugned judgment, the Tribunal had partly allowed the OA filed by the respondent and set aside the orders passed by the petitioners holding the respondent to be in deemed suspension w.e.f. 1.3.2000. The Tribunal also held the respondent to be entitled to the treatment of the said period for consequential benefits of pay and allowances, as per FR- 54.

(2.) Petitioners contend that where order of dismissal or removal of service is set aside by a Court of Law and where enquiry had been dispensed with under the provisions of Article 311(2)(b) of the Constitution of India and under rule 19(2) CCS (CCA) Rules and a further enquiry is ordered, the employee can be put in deemed suspension from the original date of dismissal or removal from service under sub-rule 4 of Rule 10 of CCS (CCA) Rules.

(3.) This case has a chequered history. The relevant facts may be noticed in brief: