UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) HEARD the learned counsels appearing for the parties.

(2.) THE Union of India and two subordinate officials have filed these writ petitions challenging the order passed by the Central Administrative Tribunal (in short "Tribunal"), dated 28.7.2005, in O.A.Nos.1031 and 1067 of 2004 respectively.

(3.) THE decision relied on by the Tribunal reported in Sukhdeo's case was followed by the Supreme Court in (1997) 2 AISLJ 121 (STATE OF U.P. v. YAMUNA SHANKAR MISRA AND ANOTHER). In the later decision, several other decisions of the Supreme Court have been referred to. Ultimately, in a very recent decision reported in 2008(7) Scale 403 (DEV DUTT v. UNION OF INDIA AND OTHERS), all such earlier decisions have been analyzed afresh and the views expressed in Sukhdeo's case have been reiterated.