UNION OF INDIA Vs. PRADEEP RAJBHAR

JUDGEMENT

(1.) THE judgment and order dated 30.9.2010 rendered by the learned Central Administrative Tribunal, Gauhati Bench, Guwahati (for short, hereinafter referred to as 'the Tribunal') in O.A. No. 85/2010 is under challenge in the instant petition.

(2.) WE have heard Ms. B. Devi, learned Standing Counsel, N.F. Railways for the petitioners and Mr. P. P. Baruah, Advocate for the respondent.

(3.) THE learned Tribunal noticing that the termination of the respondent's service was effected on and from 30.4.2009 i.e. beyond a period of one year from the date of his appointment (23.4.2008) in terms of Para-5 of the Circular, held it (termination of the respondent) to be unsustainable in law and on facts. It observed inter alia that the order of termination dated 31.3.2009 per se demonstrated the applicability of the Circular to the respondent.