DIRECTOR, CBI Vs. S P TANTI AND ANOTHER

JUDGEMENT

(1.) Union of India through Director, Central Bureau of Investigation, by this writ petition assails the order dated 28.4.2004 of the Central Administrative Tribunal, Principal Bench, New Delhi, (hereinafter referred as CAT), By the impugned order, CAT allowed O.A. No. 902/2003 of Respondent S.P. Tanti, quashed termination order dated 15.4.2002 and directed his reinstatement with consequential benefits excluding back wages. CAT quashed the termination order, holding that it had not been passed by the appointing authority, as mandated in terms of Rule 5(1)(a) of CCS(TS) Rules, 1965. CAT held that non compliance with this mandatory requirement, vitiated the termination order.

(2.) The facts and circumstances and respective contentions culminating in the passing of the impugned order and the grounds of challenge thereof are as follows :

(3.) Following points arise for consideration. Firstly, does the termination order get vitiated on not being signed by or on behalf of the President of India. Secondly, has the termination order been signed by a Competent Authority, authorized to authenticate and sign the documents in the name of the President of India. Lastly, whether evidence could be led to show that competent authority had approved the termination order and administrative procedure and rules had been adhered to.