UNION OF INDIA Vs. JAYENDRASINH RATUBHAI RANA

JUDGEMENT

(1.) THE petitioner by this petition challenges the order passed by the Tribunal dated 30.09.2010 in O.A. No.9 of 2010 whereby the Tribunal has quashed and set-aside the show-cause notice and the final order for imposition of the punishment of removal from service, and it is further directed that the original applicant be reinstated in service forthwith with arrears of pay and allowances between the date of his removal and the reinstatement.

(2.) HEARD Mr.Shastri, learned counsel appearing for the petitioner and Mr.Sharma, learned counsel for the respondent.

(3.) IN our view, such submission is at a wrong premise, inasmuch as non-depositing of the amount at the relevant point of time is admitted, but it has been stated as by bonafide and in the subsequent period the said amount has already been deposited. Therefore, the question may also be required to be examined as to whether it was really a misappropriation or a mere omission in bonafide. Even on that aspect also, the inquiry was required to be held, but has not been held. Under these circumstances, the attempt to maintain the order for removal from service cannot be countenanced.