RAJ NARAIN Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) The Petitioner before this Court was employed as Sorting Assistant in Railway Mail Service. He was suspected to be involved in racket of payment of bogus heavy value money orders. An FIR was lodged. The criminal trial with reference to the first information report resulted in conviction of the petitioner for offences under Sections 419,420, 467, as per order of the Additional Chief Judicial Magistrate, Varanasi dated 29.1.1997 passed in Criminal Case No. 509 of 1996. Because of the conviction of the petitioner in the criminal case under Sections 419, 420, 467 I.P.C., the railways had no other option but to dismiss the petitioner from the service vide order dated 28.2.1997 in exercise of power under Rule-9(1) of Central Civil Services (Classification, Control and Appeal) Rules, 1965.

(3.) The petitioner, preferred an appeal against the order of conviction being Appeal No. 14 of 1997, which was finally allowed under judgment and order of the District and Sessions Judge, Varanasi dated 31.8.2001. The petitioner was not reinstated, he filed Original Application No. 907 of 2002 before the Central Administrative Tribunal. The original application was allowed vide order dated 11.12.2002 and in pursuance thereof he was reinstated.