- (1.) This is a petition for quashing order dated 7.9.1998 passed by Chandigarh Bench of the Central Administrative Tribunal (for short, the Tribunal) in OA No. 793/PB of 1991-Kuldev Singh v. Union of India and others.
(2.) Respondent No. 1 - Kuldev Singh was recruited as Safaiwala (Casual Labourer) in September, 1980 in Northern Railway at Ferozepur. In 1984, a vigilance enquiry was conducted into the allegation that respondent No. 1 and large number of other persons had obtained employment on the basis of forged casual labour cards. On the basis of findings recorded in the vigilance enquiry, a regular departmental enquiry was held against respondent No. 1 and on being found guilty of the charge of having obtained employment by producing forged documents, he was removed from service vide order dated 21.3.1988 passed by the Divisional Mechanical Engineer (C&E), Ferozepur. Similar orders were passed against S/Shri Megh Singh, Kanhiya Lal, Ami Chand, Ram Anjore, Raghbir Singh, Mata Parasad, Maya Ram and others. Appeals filed by respondent No. 1 and other similarly situated persons were rejected by the Senior Divisional Mechanical Engineer, Ferozepur vide orders dated 5.8.1988. Respondent No. 1 challenged the order of the removal and the appellate order in O.A. No. 793-PB of 1991 which was dismissed by the Tribunal on 2.8.1993 as barred by limitation. That order was reversed by the Supreme Court in S.L.P. (Civil) No. 17506 of 1995 decided on 15.3.1996 and the Tribunal was directed to decide the application on merits.
(3.) In the meanwhile, O.A. No. 1063-PB of 1989 and 19 other Original Applications filed by Megh Singh and other employees, who were also removed from service, vide orders dated 21.3.1988 and whose appeals were dismissed on 5.8.1988, were allowed by the Tribunal on 13.5.1991 with a direction to the respondents to reinstate them in service. Similarly, O.A. No. 1305-PB of 1989-Ramesh Kumar v. Union of Indial and others, O.A. No. 1306-PB of 1989-Jagdish Chand v. Union of India and others and O.A. No. 1307-PB of 1989-Kanhiya Lal v. Union of India and others in which the applicants had challenged the penalty of removal imposed vide orders dated 26.1.1985 are allowed by the Tribunal on 12.1.1995 with a direction for their reinstatement with 50% back wages subject to the condition that they had not been in gainful employment from the date of removal from service till their reinstatement. For reference purposes, the operative portions of orders dated 13.5.1991 and 12.1.1995 are reproduced below : "Order dated 13.5.1991 In the premise, the impugned orders, Annexures A.1 and A.2 are hereby quashed and the respondents are hereby directed to reinstate the applicants forthwith. This order will not, however, preclude the disciplinary authority from reviving the proceedings and continue with the same in accordance with law from the stage of supply of copy of the enquiry report. The regularisation of the period from the date of removal till reinstatement will be regulated in the light of the result of the disciplinary inquiry and in accordance with the applicable rules and instructions. In case the respondents do not choose to revive or continue the disciplinary proceedings, the respondents shall make appropriate order about the period from the date of removal from service till the date of reinstatement in accordance with the provisions of Rule 1343 of the Indian Railway Establishment Code, Vol. II. If the respondents choose to revive and continue the disciplinary proceedings, the same will be concluded within a period of 4 months from the date of receipt of a copy of this judgment. The applications are disposed of accordingly, but in the circumstances, we make no order as to costs. Order dated 12.1.1995 In view of the above facts, we are of the considered opinion that the impugned order dated 26.1.85, Annexure A in OA No. 1305/PB/89 and 1307/PB/89 are not sustainable and the same are hereby quashed. In the background of the facts and circumstances of these applications, the respondents are hereby directed to reinstate the applicants in all the 3 OAs within a period of one month from the date of receipt of this order with 50% back wages, subject to the condition that the applicants had not been in gainful employment from the date of their removal from service till their reinstatement. The applications are disposed of accordingly, but without any order as to costs.";