YOGESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner assails the order dated 2nd February, 2006 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in OA No. 1045/2005 whereby, the petitioner's aforesaid OA was dismissed by the Tribunal. Before the Tribunal, the Petitioner had assailed the order passed by the Additional Commissioner of Income Tax, Ghaziabad, UP dated 11.7.2000 whereby, he had been disengaged w.e.f. 6.6.2000 along with 5 others.

(2.) The applicant was engaged as a daily wager on 21.10.1994. He states that he had completed 206 days on duty as on 29.9.1995.

(3.) It appears that on 6.6.2000, the petitioner was involved in an incident which resulted in registration of a case under Section 34 of the Police Act against the petitioner. Ultimately, the petitioner was acquitted by the learned Chief Judicial Magistrate, Ghaziabad on 27.7.2000. Consequent upon his acquittal, the petitioner filed the aforesaid OA seeking reinstatement with all consequential benefits. The contention of the petitioner was that 5 others, who had been disengaged similarly as the petitioner, had since been re-engaged on 26.6.2000. However, the petitioner was discriminated by the respondents, inasmuch as, he was not reinstated along with others like him.