UNION OF INDIA Vs. S. NATARAJAN

JUDGEMENT

(1.) THIS writ petition is filed to set aside the order made in O.A.No.1154 of 2010 dated 18.2.2013, wherein the Central Administrative Tribunal (CAT), Chennai, set aside the order of removal of the first respondent herein from service and ordered to reinstate the first respondent in service with effect from the date of his removal with all consequential benefits, including arrears of pay and allowances, within a period of four weeks.

(2.) THE case of the first respondent before the Tribunal was as follows:

(3.) THE Central Administrative Tribunal considered the rival submissions and took note of non -furnishing of certain crucial documents, including Departmental Transfer Advisory Committee 2004 and relevant portions of Station Diary, Monitoring Logs, Attendance Register and Vehicle Log Books of December, 2004. The Tribunal also noted the conduct of department in not allowing the first respondent to cross -examine the important witnesses when the first respondent was facing serious charges, which may culminate in imposing major penalty, as also denial of reasonable opportunity to the first respondent to defend his case, in not providing defence assistance and applying the judgments of the Supreme Court and having regard to the mala fide allegations made against the second respondent, which was not denied by the second respondent, who was impleaded in his individual capacity, Tribunal factually found that there were mala fides, and considering the action of the second respondent in treating the first respondent as a Psychiatrist, etc., set aside the order of removal with a direction to reinstate him with all benefits. The said order is challenged by the petitioners herein, who are respondents 1 to 3 in the original application before Tribunal. The second respondent herein, who was the 4th respondent in the original application, against whom allegation of mala fides were made, has not chosen to challenge the order of the Tribunal and not chosen to appear before this Court and defend the action of the department.