UNION OF INDIA Vs. D N MODAN

JUDGEMENT

(1.) Upon the joint request and considering importance and the emergency in the matter, this matter is taken up for hearing today itself.

(2.) The petitioners have questioned legality and validity of the judgment and order dated 2-11-01 recorded by the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad in O.A. No. 416 of 1996, whereby the application of the respondent for quashing and setting aside the departmental proceeding on the same set of facts, evidence and evidence upon which the respondent came to be concluded, came to be allowed.

(3.) The few relevant skeleton projection of facts can be highlighted in the departmental inquiry, against the respondent on the ground of misconduct objection came to be raised about maintainability on the ground that the respondent came to be acquitted in criminal trial in Criminal Case No. 1 of 1992 by the Chief Judicial Magistrate, Vadodara. The acquittal was clean and clear on the merits. It was not obviously based on benefit of doubt or technical impediment. Since the inquiry proceedings were proceeding, the respondent filed an application before the Tribunal raising the same grounds.