UNION OF INDIA Vs. REGISTRAR

JUDGEMENT

(1.) THE Union of India and its subordinate officers of the Railways have filed this writ petition against the order passed by the Central Administrative Tribunal in O. A. No. 753 of 2001 dated 12. 2. 2002, where under the Tribunal has quashed the order dated 27. 4. 2000 discharging the present Respondent No. 2 from service.

(2.) THE present Respondent No. 2 was appointed as a Lascar in April, 1998 and in August, 1998 he was conferred temporary status. On 5. 11. 1999, a charge memo was issued against the present Respondent No. 2 on the allegation of unauthorised absence from his service from 18. 1. 1999 to 27. 4. 2000. Subsequently, an enquiry was conducted and the Enquiry Officer found that Respondent No. 2 was guilty of the charges. Such report was communicated to Respondent No. 2. At that time, he has submitted a representation for production of muster rolls covering the entire period of the alleged unauthorised absence. While the matter stood thus, on 3. 3. 2000, the disciplinary authority withdrew the enquiry report and ordered for a fresh enquiry. On 15. 3. 2000, the enquiry officer recorded a finding indicating that the charges have been proved. At that stage, Respondent No. 2 was allowed to rejoin on 23. 4. 2000. However, just a few days thereafter, he was discharged from service as per order dated 27. 4. 2000. The relevant portion of the said order is to the following effect:-

(3.) LEARNED Senior counsel appearing for the petitioners has submitted that since an order of discharge simplicitor was passed in accordance with the terms and conditions of the agreement of employment, there was no illegality in such order and the Tribunal should not have interfered with the order of discharge.