UNION OF INDIA Vs. PRADIP KUMAR NANDY

JUDGEMENT

(1.) Heard Mr. Gautam Goswami, learned Standing Counsel, Railway Department appearing for the petitioners and Mr. Santanu Nandan Tamuli, learned counsel for the sole respondent.

(2.) This writ petition under Article 226/227 of the Constitution of India has been filed challenging the legality and validity of the impugned Judgment and Order dtd. 30/11/2017, passed by the learned Central Administrative Tribunal, Guwahati Bench, Guwahati, in Original Application No. 040/00410/2015 (Shri Pradip Kumar Nandy Vs. Union of India and Ors.), allowing the Original Application filed by the applicant/respondent against the petitioners/Railways.

(3.) It is to be noted here that the learned Central Administrative Tribunal (in short, 'CAT'), Guwahati Bench, Guwahati, while passing the judgment and order dtd. 30/11/2017, had set aside the Order of Disciplinary Authority, bearing No. E/74/DAR/5/P, dtd. 12/12/2008, pursuant to a Disciplinary Proceeding initiated by it against the respondent for major penalty under Rule 9 of Railway Servant (Discipline and Appeal) Rules, 1968 (hereinafter referred to as 'Rules of 1968') of removal from service of the respondent for unauthorized absence from duty.