UNION OF INDIA Vs. PRABHULAL SHAMJIBHAI THAKKAR

JUDGEMENT

(1.) HEARD learned advocate Ms.Archana U.Amin for the petitioners and Mr.M.A.Parekh, learned advocate for the respondent.

(2.) DEPARTMENT has assailed the judgment and order dated 30.7.2008 in Original Application No.407 of 2006 by the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad whereby the original respondent was directed to be reinstated with full back-wages and to treat the period of absence as on duty.

(3.) THE impugned order of the CAT is in detail and the Tribunal had decided the matter after giving full opportunity to the present petitioners. The Tribunal had quoted all the relevant charges and observation by the Criminal Court as well as by the High Court in the criminal proceeding against the original petitioner and after comparison of charges in Departmental Inquiry and before the Criminal Court, the Tribunal has came to the conclusion that Articles No.1 and 2 of the charge are the same as the charges in the criminal case before the learned Judicial Magistrate First Class, which has held that there is no iota of evidence and which fact has been confirmed by the High Court in Criminal Revision Application also. Even after such observation, the Tribunal has in paragraphs 32 and 33 given its own reasons to confirm that even Charge No.3 is not proved and Department has acted arbitrarily.