R.L.MEHROTRA,J. - (1.) Pursuant to the order of the Central Administrative Tribunal dated 28.03.2006 in Original Application No. 1435 of 2003 "Shyam Lal Vs. Union of India and three others" thereby setting aside the order of removal of respondent no. 1 and reinstating him in the service with all consequential benefits, the present writ petition has been preferred on behalf of Union of India and three others.
(2.) Facts in brief are that respondent no. 1 was a Group-'D' Railway Employee. On account of his alleged unauthorized absence with effect from 2.3.1998 to 28.08.1998, an inquiry was initiated in the matter and consequently charge sheet was served on him. The Inquiry Officer fixed several dates for his appearance and further disciplinary proceedings. Despite full knowledge of the pending disciplinary proceedings, respondent no. 1 neither turned up before the Inquiry Officer nor cooperated in the proceedings, therefore, the Inquiry Officer proceeded ex-parte against him and submitted his report dated 27.11.1999 holding the charges leveled against him as proved. The Disciplinary Authority on the basis of the inquiry report submitted by the Inquiry Officer passed the order of removal of respondent no. 1 from service. An appeal against the order of the disciplinary authority was preferred by the respondent no. 1, but that too was dismissed. A revision/special appeal against the same did not yield any result. Above-said orders were challenged by respondent no. 1 by moving original application before the Central Administrative Tribunal, Allahabad where his claim has been accepted in its entirety with reinstatement and full back wages. An interim order was passed on 27th July, 2006 in this petition staying the operation of the impugned order.
(3.) Respondent no. 1 filed counter affidavit refuting the allegations made in the writ petition and challenging the validity of the Inquiry Report.;