Kasliwal, J. - (1.) Delay condoned.
(2.) Special leave granted. The respondent C. L. Verma was an employee of Western Railway, Church Gate, Bombay. He was served with a charge-sheet dated 30-9-1983. He was dismissed from Railway service with effect from 29-8-1985 by the disciplinary authority. An appeal filed by the respondent was dismissed by the President of India vide order dated 21-8-1986. The respondent challenged his dismissal in the Central Administrative Tribunal. The Tribunal by an order dated 8-8-1991 set aside the order of dismissal on the ground that the respondent was not supplied the copy of the Enquiry Officer's report. The Tribunal placed reliance on a decision of this Court in Union of India v. Mohd. Ramzan Khan (1991) 1 SCC 588. The Tribunal considered the effect of the observations made in Mohd. Ramzan's case (supra) that the said decision shall have prospective application and no punishment imposed shall be open to challenge on this ground. The Tribunal in this regard held that no inference can be drawn from the observations made by the Hon'ble Supreme Court in Ramzan Khan's case (supra) that all the pending matters will also abate. The Tribunal further held as under:- "Thus all the pending matters which were open for adjudication and would be so open after the decision in Ramzan Khan's case (supra) would be adjudicated upon not having become final and would be thus within the ambit of plural judgments would have prospective effect used in Ramzan Khan's case (supra)." The Tribunal further clarified that this decision may not preclude the disciplinary authority from reviving the proceeding and continuing with it in accordance with law from the stage of supply of the enquiry report in cases where dismissal or removal was the punishment.
(3.) Aggrieved against the aforesaid order, the Union of India has come in appeal before this Court.;