UNION OF INDIA Vs. RAM BAHADUR YADAV

JUDGEMENT

(1.) This Civil Appeal is filed aggrieved by the judgment and order dated 07.04.2009, passed by the High Court of Judicature at Allahabad in Special Appeal No.230 of 2009. By the aforesaid order, the intra­Court Appeal filed by the Appellants is dismissed confirming the order of the learned Single Judge allowing the writ petition filed by the respondent.

(2.) The respondent herein was working as Head Constable in the Railway Protection Force. In the disciplinary inquiry initiated against him, he was charged for collusion with main accused in the incident involving theft of more than Rs.1 Crore of Non-Judicial Stamp Papers. The competent Authority, stating that it was not reasonably practicable to hold an inquiry, has passed order dated 22.10.1998, dismissing the respondent from service. The appeal and revision filed by him, ended in dismissal. When the said orders were questioned, the learned Single Judge allowed the writ petition by judgment and order dated 17.02.2009, by setting aside the dismissal order with a direction for payment of all pensionary benefits and 50% of back wages. The said order was passed as the respondent­employee has attained the age of superannuation. When the said order was challenged by way of intra­Court Appeal, the same ended in dismissal. Hence, this Civil Appeal.

(3.) We have heard Ms. Kiran Suri, learned Senior Counsel appearing for the appellants and Sri S.R. Singh, learned Senior Counsel appearing for the respondent.