Debasish Kar Gupta, J. - (1.) This is an application filed under Article 226 of the Constitution assailing a judgment passed by the Central Administrative Tribunal, Calcutta Bench in O.A. No.1202 of 2001 dated January 13, 2006. By virtue of the aforesaid judgment the revisional authority was directed by the learned Tribunal to review the matter and imposed on the applicant any punishment other than removal from service. The respondent was also directed to file a revision petition before the authority to enable him to pass appropriate order in compliance of the above direction. By virtue of the impugned judgment, in the meantime, the respondent was reinstated in service with immediate effect after treating his absence from duty as admissible under law.
(2.) At the very outset it will not be out of context to place on record that during the pendency of this writ application the original applicant/respondent namely, Somnath Chakraborty breathed his last. The present respondent namely, Smt. Kaveri Chakraborty, widow of the late Somnath Chakraborty has been substituted.
(3.) The learned Tribunal while passing the impugned judgment took into consideration the following facts and circumstances:-;