UNION OF INDIA Vs. SAILENDRA KUMAR SINGH

JUDGEMENT

(1.) We have heard Mr. M. Bhagawati, learned counsel for the petitioner, and Mr. R. Mazumdar, learned counsel, appearing on behalf of the respondent. By the order, dated 25.05.2012, passed, in Original Application (in short, 'OA') No. 48/2011, by the learned Central Administrative Tribunal, Guwahati Bench, the learned Tribunal has set aside and quashed the order, dated 31.01.2009, whereby the petitioner (as respondent in OA No. 48 of 2011) had, by invoking their power under FR 56(J), compulsorily retired the respondent herein from service. By its order, dated 25.05.2012, the learned Tribunal has also set aside and quashed the order, dated 19.10.2010, which the present petitioner (as respondent in OA No. 48 of 2011) had passed dismissing the appeal/representation of the respondent herein, which the respondent herein had made as against the order, dated 31.01.2009, aforementioned, whereby the respondent herein, as mentioned hereinbefore, stood retired. By the order, dated 25.05.2012, aforementioned, the learned Tribunal has further directed that the respondent herein be reinstated in service and he shall be entitled to all consequential benefits. Aggrieved by the order, dated 25.05.2012, so passed by the learned Tribunal, the petitioner (who was respondent in OA No. 48 of 2011), has come to this Court with the present application made under Article 226 of the Constitution of India.

(2.) Considering the fact that it is the order, dated 31.01.2009, whereby the respondent herein (who is hereinafter referred to as the 'applicant-respondent') was retired from service by taking recourse to FR 56(J), we reproduce hereinbelow the order, dated 31.01.2009:

(3.) Aggrieved by the order, dated 31.1.2009, the respondent herein preferred an appeal. As the appeal remained pending with the present petitioner and no decision, on the same, was rendered, the appellant (i.e., respondent herein) filed OA No. 14 of 2010, which was disposed of, on 17.05.2010, by the learned Tribunal directing the petitioner herein to dispose of the appellant's (i.e., respondent herein) said appeal/representation strictly in accordance with the Rules and instructions, on the said subject, by making a speaking order.