PROJECT AND DEVELOPMENT INDIA Vs. RAJNATH SINGH

JUDGEMENT

(1.) THIS appeal is directed against the order dated 7.8.2006 passed by learned single Judge in W.P. (S) No. 2531 of 2004 whereby the order dated 13.10.2003 under which the writ petitioner/respondent herein was reverted to his substantive post of Chargeman retrospectively and the emoluments drawn by him sought to be recovered with interest was set aside.

(2.) THE facts giving rise this appeal are that a departmental proceeding was initiated against the respondent, an employee of the appellant's company, on the charge of securing promotion on the basis of fabricated education certificate. On completion of enquiry, the enquiry officer submitted its report dated 21.5.2002 to the disciplinary authority. However, before the disciplinary authority could take any decision on the enquiry report, the writ petitioner applied for VRS which was accepted and was released from service on 2.5.2003. Thereupon the disciplinary authority passed the final order on 13.10.2003 whereby the writ petitioner was reverted to his substantive post of Chargeman.

(3.) THIS Court having found the order being bad quashed it for the reason that said order had been passed after cessation of the relationship of employer and employee.