UNION OF INDIA Vs. SHRI JUGAL KISHORE SAMAL

JUDGEMENT

(1.) UNION of India represented through its Chief General Manager (Telecom), BSNL and another are the Petitioners before this Court questioning the legality of the order dated 6th November, 2008 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 637 of 2005.

(2.) THE opposite party had filed the Original Application before the Tribunal praying for quashing the order dated 19th February, 2005 granting him the benefit of OTBP with effect from 31.12.2004 and BCR with effect from 1.1.2005 as well as the order dated 1st July, 2005 rejecting the representation which were annexed as Annexures A/6 and A/9 to the Original Application.

(3.) THE Petitioners, who were Respondents before the Tribunal resisted the petition. It appears from the counter affidavit filed before the Tribunal that the sole ground taken before the Tribunal in the counter affidavit was that during currency of the punishment the opposite party could not have been given the benefits recommended by the D.P.C.