UNION OF INDIA Vs. AMAR KUMAR SINGH

JUDGEMENT

(1.) The judgment and order dated 02.11.2011 passed by the learned Central Administrative Tribunal, Guwahati Bench, Guwahati (hereinafter for short referred to as the Tribunal) in Original Application No. 316/2010 has been called in question in the instant proceeding under Article 226 of the Constitution of India. We have heard Ms. B. Devi, learned counsel for the petitioners and Mr. A. Ahmed, learned counsel for the respondent.

(2.) Briefly, stated the facts in bare essential necessary for the disposal of the instant petition are that, the respondent herein had been appointed as Substitute Emergency Peon (for short hereinafter referred to as the SEP) in the scale of Rs. 2550-3200/- by the official communication No. E/283/45(E) (LOOSE) dated 13.08.2008. Clause 3 of that letter is extracted hereinbelow:

(3.) While the matter rested at that, by order No. E/283/45 (E) Loose dated 15.12.09 issued by the SPO/Engg., General Manager (P), Maligaon the services of the respondent was terminated w.e.f. 26.09.2008 with one month's Notice Pay. Being aggrieved, the respondent laid a challenge to this decision before the learned Tribunal and as referred to hereinabove, by this judgment and order impugned in the instant proceeding, the same was annulled with a direction to the petitioners herein to reinstate him in service within a period of two months from the date of the receipt of the order.