Decided on May 21,2007



MANMOHAN SARIN, J. - (1.) The petitioner has filed the present writ petition seeking writ of certiorari for quashing the judgment and order dated 27.7.2006 passed by the Tribunal in OA No.281/2006. By the said judgment, the Tribunal had passed the following order:- "In the light of the above, we are of the considered view that the order passed by the disciplinary authority cannot be sustained in law. Accordingly, we partly allow this OA and set aside the impugned order. As a result thereof, the applicant would be reinstated in service forthwith. The interregnum period of from earlier removal in 1999 till the date of reinstatement shall have to be treated as the period of suspension with grant of subsistence allowance to the applicant. However, the respondents are at liberty to proceed, is so advised, against the applicant from the state of according an opportunity of defence and thereafter to complete the inquiry. The outcome of the inquiry shall govern the future progression of the consequential benefits. It is, however, needless to mention that in the event of the decision to resume the inquiry is taken by the respondents, utmost co-operation of applicant is required. The benefits would have to be accorded to the applicant, as directed above within a period of three months from the date of receipt of copy of this order. No costs."
(2.) It has been the contention of the petitioners' before the Court, inter alia, that the respondent had willfully abstained from participation in the inquiry proceedings and he cannot be permitted to frustrate the disciplinary proceedings and result thereof.
(3.) Mr.Bhardwaj submits that this case has a checkered history where the respondent has been a victim of persecution by the petitioners and the respondent was compelled to file OA No.246/2002, which was allowed by the Tribunal on 5.9.2003 by passing the following order:- "In the result for the foregoing reasons, without dealing with other contentions of applicant, the impugned orders are quashed and set aside. Applicant is directed to be reinstated in service forthwith. However, respondents are at liberty to further proceed the enquiry, if so advised, by placing applicant under suspension and resume the enquiry from the stage of furnishing applicant copy of the enquiry report. The intervening period and benefits including back wages would be decided by the respondents in accordance with rules and instructions and would be subject to the outcome of the orders passed. Aforesaid directions shall be complied with by the respondents within a period of two months from the date of receipt of a copy of this order. The OA stands disposed of accordingly. No costs.";

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