UNION OF INDIA Vs. NIRANJAN SINGH

JUDGEMENT

(1.) The petitioner by way of the present writ petition impugns the order dated 13.12.2006 passed by the CAT in OA No. 3023/2004 whereby the Tribunal has set aside the dismissal order of the respondent herein and has directed his reinstatement but under deemed suspension. Liberty was granted to the petitioners herein for proceeding further in the enquiry, from the stage of issue of chargesheet, in accordance with law. It has also been directed that on reinstatement, the respondent herein would be entitled to all consequential benefits as per FR. For the sake of convenience, the applicant before the Tribunal is being referred to as the respondent hereinafter and the Union of India and others are being referred to as Petitioners.

(2.) The brief facts necessary for the present petition, as culled out from the Original Application filed by the respondent before the Tribunal, are that the respondent who was an ex-Subedar in the Indian Army was employed at The Golden Fish Canteen, Bulandshaher, UP vide appointment letter dated 30.05.1998 to the post of a Manager. The respondent was confirmed on 08.02.2000.

(3.) The respondent worked upto 31.03.2001 whereafter an order was passed on the said date relieving him from the service. The respondent brought to the notice of the petitioner that removing him from service without any justification was violative of the judgment of the Apex Court in the case of Union of India vs. Mohd. Aslam AIR 2001 SC 526, and on his oral representation, the order relieving him was recalled and the appointment of the respondent was restored as a Manager vide letter dated 13.04.2001.