UNION OF INDIA Vs. JOGENDRA BACHUBHAI

JUDGEMENT

(1.) PETITIONERS Union of India and others have challenged, in this petition, the impugned Judgment and order dated 23.6.2000 passed by the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad (for short Tribunal) in OA NO. 47 of 1993, whereby the learned Tribunal set aside the impugned order of removal from service of the original applicant present respondent and ordered to reinstate him in service with all consequential benefits, including back -wages.

(2.) FOR remaining absent from duty from 26.10.1987 to 16.11.1987 and from 11.2.1988 to 15.3.1988 the applicant respondent was served with the charge -sheet dated 28.7.1988 Annexure : A). In his reply he denied the charges levelled against him, therefore, regular Inquiry was held and the Inquiry Officer found the charge of remaining absent from duty for the aforesaid period to be proved. Agreeing with the findings recorded by the Inquiry Officer the Disciplinary Authority passed an order of removal from service of the original applicant with immediate effect, against which he preferred an Appeal before the Appellate Authority. The same was also dismissed. Hence, the applicant respondent filed OA No 47 of 1993 before the learned Tribunal. There was some delay in filing the above Application, therefore, Miscellaneous Application No.13 of 1993 was filed in it which was allowed and the original application was heard on merit and decided in favour of the applicant on 26.3.2000.

(3.) THE learned Tribunal quashed and set aside the order of removal passed by the Disciplinary Authority on the ground that the Disciplinary Authority was influenced by the fact that the applicant had been on leave without pay for 127 -1/2 days in the year 1988 and for 78 days LWP during January, 1989 to May 1989. It was not the part of the charge which was levelled against the applicant. The applicant had no opportunity to meet with the same. Therefore, in our considered opinion, the learned Tribunal was fully justified in setting aside the impugned order of removal.