Sudhir Agarwal, J. - (1.) Heard Sri Abdul Moin, Advocate, for petitioner and Sri Asit Kumar Chaturvedi, learned Senior Advocate, assisted by Sri Pratul Kumar Srivastava, Advocate, for respondents in Writ Petition (SB) No. 10946 of 2016 (hereinafter referred to as "Employee's Writ Petition"); and, Sri Asit Kumar Chaturvedi, learned Senior Advocate, assisted by Sri Pratul Kumar Srivastava, Advocate, for petitioners and Sri Abdul Moin, Advocate, for respondent in Writ Petition (SB) No. 148 of 2015 (hereinafter referred to as "Employer's Writ Petition").
(2.) The Writ Petition (SB) No. 10946 of 2016 (Employee's Writ Petition) under Article 226 of Constitution has come up against judgment and order dated 04.08.2014 passed by Central Administrative Tribunal, Lucknow Bench, Lucknow (hereinafter referred to as "Tribunal") in Original Application (hereinafter referred to as 'O.A.') No. 397 of 2009 whereby Tribunal has allowed O.A. partly and setting aside punishment order of removal dated 03.07.2008 passed by Senior Divisional Engineer (Coordination), NE Railway, Lucknow (hereinafter referred to as "Sr.D.E."), appellate order dated 18/19.06.2009 passed by Additional Divisional Railway Manager, NE Railway, Lucknow (hereinafter referred to as "A.D.R.M.") and revisional order dated 17/31.08.2009 passed by Principal Chief Engineer, NE Railway, Gorakhpur (hereinafter referred to as "Pr.C.E."), has further directed respondents-Railway to reinstate petitioner in service with all consequential benefits except back wages. Petitioner-employee, therefore, has challenged the aforesaid order only to the extent back wages have been denied to him.
(3.) Writ Petition (SB) No. 148 of 2015 (Employer's Writ Petition) is also directed against the same judgment and order dated 04.08.2014 and here employer-Union of India through General Manager, North Eastern Railway, Gorakhpur (hereinafter referred to as "Railway") has come up challenging the aforesaid judgment to the extent punishment, appellate and revisional orders have been set aside.;