ASIT KUMAR SARKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Without going into the merits of the impugned judgment and order dated 7.3.2006 passed by the Central Administrative Tribunal in O. A. No. 983 of 2001, this petition is disposed of on the short point as raised on behalf of the petitioner. By the aforesaid impugned-judgment and order, the Tribunal has set aside the order of the Disciplinary Authority dated 4/7/2000 and the appellate authority dated 18.1.2001 and remanded the case back to the Disciplinary Authority for further inquiry. The Tribunal accordingly directed to reinstatement of the applicant in his service from the date of the order of the Tribunal as being a suspended employee as he was before the date of his removal. Sub-rule 4 of Rule 10 of the CCS (CCA) Rules provides as under:-

(2.) Having regard to the aforesaid provisions of the Rule and further considering that in any event upon setting aside of the order of removal the charged employee should, in all circumstances, have the benefit of the order from the date on which he was removed from service by way of a disciplinary action.

(3.) In such consideration, we dispose of this Tribunal application by modifying the aforesaid impugned order only to the extent that the petitioner herein pursuant to the provisions of sub-rule 4 of Rule 10 of the said Rules shall be deemed to be a suspended employee with effect from the date of his removal from service and accordingly, he shall be entitled to all subsistence allowance in accordance with law with effect from the said date. The concerned respondent authority is accordingly directed to disburse the arrears of subsistence allowance, if there be any, to the writ petitioner herein with effect from the date of his removal from service by way of a disciplinary action. If urgent xerox certified copy of this order is applied for by the parties, the same should be given expeditiously.