Saral Srivastava, J. - (1.) We have heard Sri Satish Chaturvedi, along with Sri Rajnish Kumar Rai, learned counsel for the petitioners and Sri Anil Bhushan, learned Senior Counsel, Sri Bhagi Rathi Tiwari, and Ms. Somya Madhyan, for the private contesting parties in all the five writ petitions and perused the record.
(2.) The Union of India has preferred four writ petitions out of five in this bunch of writ petitions assailing the judgment of the Tribunal whereby the Tribunal has quashed the dismissal order and appellate order against the respondent employees and remitted the matter back to the Disciplinary Authority to hold the enquiry afresh as per Rules by independent authority.
(3.) Rajendra Kumar Mishra (respondent in Writ Petition No. 885 of 2017) has preferred Writ-A No.- 55726 of 2016 praying for quashing of the judgment of the tribunal to the extent it directs the Disciplinary Authority to hold the enquiry afresh against him. The Challenge in the said writ petition is on the ground that during the pendency of the original application the petitioner namely Rajendra Kumar Mishra has retired and there is no provision under which the disciplinary proceedings can be continued after the retirement. Since, the fate of the writ petition preferred by Rajendra Kumar Mishra is dependent upon the fate of the four writ petitions preferred by the Union of India, therefore, we would first deal with the writ petitions preferred by Union of India.;