UNION OF INDIA Vs. HASMUKHBHAI P RAIJADA

JUDGEMENT

(1.) Heard learned counsel Mrs.Vasvdatta Bhatt on behalf of the petitioner - Union of India in connection with Special Civil Application No.15585 of 2003 and learned counsel Mr.P.H.Pathak for petitioner in cross petition being Special Civil Application No.16201 of 2003 and vis-a-vis on behalf of the respondents in both these petitions. --------------------------------------------------------- Whether reporters of Local Papers may be allowed to see the Judgment?

(2.) Rule. Service of Rule waived by learned counsels for the other side in both the petitions.

(3.) With the consent of the learned counsel for the parties, we propose to hear both these petitions finally and dispose of the same [ Special Civil Applications Nos.15585/03 & 16201/03 ] by common order since they are directed against the same judgment dated 14.5.2003 passed by the Central Administrative Tribunal, Ahmedabad Bench (CAT) in Original Application No.360/2000 with M.A.No.118 / 2003, whereby the Tribunal has disallowed to initiate fresh inquiry against the concerned delinquent employee and Original Application is allowed and the order of punishment is quashed and set aside. The Tribunal has further directed to reinstate the concerned employee forthwith but held that the employee concerned shall not be entitled to back wages but the period from the date of dismissal till the date of reinstatement shall, however, be counted towards seniority and increment and in view of disposal of O.A., M.A.No.118 / 2003 for amendment also decided accordingly.