UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) CHALLENGE is made to an order of the Central Administrative Tribunal whereby an application filed by the respondent in C.A.No.807 of 2008 was allowed and an order of suspension challenged therein was set aside.

(2.) THE Court heard the learned counsel for the petitioners and also the respondent.

(3.) HE would further submit that it is true, originally, the order of suspension was given on 29.9.2008 which was challenged before the Tribunal but at this juncture, it has to be noted that insofar as the reading of Rule 10(2)(b) of C.C.S.(CCA) Rules 1965 would indicate that the suspension has come into operation immediately on conviction and the 48 hours what was mentioned therein is applicable only to a case which is under investigation and not to a case which ended in conviction. Added further learned counsel, in the instant case, not only suspension order was passed as against the respondent on 29.9.2008, Thereafter, he was removed from service by order dated 29.12.2008. The same has also been appealed but the order of suspension was not stayed. It was the case that Rule 19 was already invoked and the verdict of criminal appeal is yet to be pronounced. Under such circumstances, now the 2nd respondent cannot be permitted to say that under Rule 10(2)(b) of CCS(CCA) Rules 1965, he has never undergone any punishment. Therefore, the order of suspension has got to be revoked. The order passed by the Tribunal was erroneous and hence, it has got to be set aside.