LAWS(CA)-2013-5-6

VINOD Vs. UNION OF INDIA

Decided On May 03, 2013
VINOD Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) DISCIPLINARY proceedings were initiated against the applicant in 1997 while he was working as Ticket Booking Clerk at the Central Railway Booking Office, Nagpur. He was found guilty of the charges levelled against him and was imposed with a penalty of Removal From Service. The Statutory Appellate and Revisionary Authorities confirmed the above order. Applicant has impugned the said order of removal in this Original Application. This Original Application has had a chequered career. Initially, by order dated December 22, 2009, a Division Bench of this Tribunal had allowed the Original Application and issued the following directions:

(2.) SHORTLY thereafter, applicant had filed Review Application No. 2001/2010 seeking review of the above order raising various contentions and praying inter alia that the respondents be directed to reinstate him in service with back wages along with all consequential benefits. Applicant had also contended that the Tribunal had committed serious illegality in failing to consider the judgment of the Apex Court in Moni Shankar v. Union of India and Another, : 2008(3) SLJ 325 (SC) :(2008) 3 SCC 484.

(3.) THE respondents challenged the above two orders before the Bombay High Court in Writ Petition No. 1699/2011. Initially, a Division Bench of the High Court dismissed the Writ Petition by its order dated November 8, 2011. However, the above order was reviewed by the Division Bench in Review Application No. 1223/2011 filed by the respondents and the following order was passed: