UNION OF INDIA Vs. NAMARLA SATYANARAYANA

JUDGEMENT

(1.) Having regard to the nature of controversies in these two writ petitions, this Court deems it appropriate to dispose of these two writ petitions by way of this common order. The respondents in Original Application Nos.162 and 174 of 2021 on the file of the Central Administrative Tribunal, Hyderabad Bench are the petitioners in these writ petitions. In these cases challenge is to the common order, dtd. 7/4/2021, passed by the Tribunal in the aforementioned original applications.

(2.) Shorn of inappropriate details, the factual situation which is relevant for the adjudication of these writ petitions is as follows:-

(3.) On the basis of a complaint made by the niece of the respondent on 6/3/2020, respondent was suspended from service by the third petitioner by way of an order, dtd. 4/5/2020 and the same came to be extended on 30/7/2020. Applicant/respondent filed Original Application No.506 of 2020 before the Tribunal, questioning the said orders of suspension. The Tribunal allowed the said Original Application No.506 of 2020 by way of an order, dtd. 10/11/2020, setting aside the order of suspension, dtd. 4/5/2020 and the extension order, dtd. 30/7/2020. The Tribunal also directed the respondents therein to post the applicant/respondent herein in a non-sensitive post. Questioning the said order, petitioners herein filed Writ Petition No.5358 of 2021 before this Court and this Court by way of an order, dtd. 5/3/2021 disposed of the said writ petition without interfering with the order passed by the Tribunal in Original Application No.506 of 2020. Thereafter, the review filed by the petitioners herein also ended in dismissal on 22/10/2021. It is also pertinent to note that on 11/3/2021 the department reinstated the applicant/respondent into service. Vide order, dtd. 24/12/2020, the Union of India promoted the respondent as Assistant Commissioner of Endowments, which is a Group-A post. Subsequently, the Principal Commissioner of Endowments/third petitioner herein vide order, dtd. 25/1/2021 extended the period of suspension of the respondent by 45 days. Assailing the validity of the said order, dtd. 25/1/2021, the respondent herein filed Original Application No.162 of 2021. Third petitioner herein also issued a charge memo, dtd. 4/2/2021, framing as many as seven charges against the respondent herein. Assailing the said charge memo, the respondent herein filed Original Application No.174 of 2021 before the Tribunal. The Tribunal by way of the impugned common order disposed of the Original Application Nos.162 and 174 of 2021, setting aside the charge memo, dtd. 4/2/2021 and directed the petitioners herein to allow the applicant to join as Assistant Commissioner of Endowments on a notional basis from the date of revocation of the suspension by the authorities with consequential benefits thereof excepting back wages while fixing three months time for the compliance of the said order. The Tribunal also left it open for the authorities to initiate disciplinary proceedings against the applicant in terms of rules and the law.