UOI Vs. R S YADAV

JUDGEMENT

(1.) The Union of India has preferred the present writ petition to assail the orders dated 24.02.2011 passed in MA No. 133/2011 in Original Application No. 626/2007, and 06.09.2011 passed by the Central Administrative Tribunal (CAT) in Review Application No.116/2011, whereby, the petitioner had sought review of the order dated 24.02.2011. The Tribunal had dismissed MA No. 133/2011, as also the RA.

(2.) Respondent No.1 was sought to be proceeded departmentally by issuance of a charge-sheet on 20.04.2001, which primarily related to his unauthorized absence between 27.04.1999 and 21.02.2000. Initially, the respondent No.1 assailed the said departmental proceedings and the order of penalty dated 28.04.2006 by preferring O.A. No. 626/2007 on the ground of non-payment of subsistence allowance during the period of his suspension, when the enquiry was conducted. The Tribunal allowed the said O.A. on 02.07.2010 and remanded the case to the petitioner for conducting a fresh inquiry from the stage of appointment of the Inquiry Officer and examination of witnesses etc. Since the order dated 28.04.2006 punishing the respondent No.1 was set aside on technical ground, no consequential benefits were awarded to the respondent No.1, except for his reinstatement in service. He had to be considered under suspension, from the time he was dismissed from service on 28.04.2006. The consequential benefits were directed to abide by the decision taken in the disciplinary proceedings. It was also directed that the fresh disciplinary proceedings be completed within six months from the receipt of the certified copy of the order.

(3.) On 05.08.2010, the respondent no.1 re-joined the services in the office of DGP, Gujarat. On 27.08.2010, the petitioner issued orders for posting the respondent No.1 as Commandant, SRPF, Group-17, Chela, Jamnagar. The respondent No.1 joined as Commandant, SRPF, Group-17, Chela Jamnagar.