KENDRIYA VIDYALAYA SANGATHAN Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) The Central Administrative Tribunal has held in favour of respondent No. 2 that the inquiry officer was not impartial while conducting the inquiry against respondent No. 2 in connection with the disciplinary proceeding in question, which was initiated by issuing the charge-sheet dated 19th September, 2001. After having thus concluded, while the charge-sheet was not quashed, the inquiry report as well as the punishment order and the appellate order were quashed with liberty to the disciplinary authority to hold fresh inquiry in accordance with law. Thereupon, the Tribunal directed reinstatement of respondent No. 2 in service without any delay. The writ petitioner herein is aggrieved thereby.

(2.) By reason of the punishment order, which has since been quashed, respondent No. 2 was disengaged and, accordingly, the moment the order of disengagement is quashed, the logical conclusion would be that respondent No. 2 stands reinstated. A mere direction to that effect, we do not think, was such that the petitioner could approach this Court by filing the present writ petition. However, we make it clear that the status of respondent No. 2, as was prevalent immediately before the order of punishment was passed, stands revived by reason of quashing of the punishment order and, accordingly, in the event, as at that time respondent No. 2 was under suspension, he should be treated to continue to remain under suspension. In the event, fresh inquiry commences, we expect full cooperation on the part of respondent No. 2.

(3.) The writ petition is, accordingly, disposed of.