SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, U T CHANDIGARH AND ANOTHER Vs. CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH BENCH AND ANOTHER

JUDGEMENT

(1.) The Chandigarh Administration through the Department of Health and Family Welfare has filed this writ petition challenging the order dated 03.07.2012 passed by Central Administrative Tribunal, Chandigarh Bench (hereinafter referred to as 'the Tribunal') whereby the dismissal order passed against respondent No.2 was set aside and he has been ordered to be reinstated in service.

(2.) The facts may be noticed briefly. Respondent No.2 joined the petitioner-Department as a Driver on 17.11.1982. FIR No.124 dated 21.05.2005 was registered against him by Chandigarh Police under Section 18 of the NDPS Act on the allegation that he was found in conscious possession of 40 grams of opium without any licence or permit. Respondent No.2 was placed under suspension on 01.06.2005 while he was in police custody though the said order was revoked after he was released on bail.

(3.) The Special Judge NDPS, Chandigarh held respondent No.2 guilty and convicted him vide judgment dated 10.10.2008. Sentence of 17 days imprisonment with fine of Rs. 7,000/- was imposed on him.