VISHNU SINGH BORA SENIOR CLERK VIVEKANAND KRISHI ANUSANDHANSALA I C A R Vs. UNION OF INDIA

JUDGEMENT

(1.) APPLICANT has challenged Annexure A-1 colly. dated 30.4./1.5.2004 which is a show cause notice for imposing penalty and order dated 5.6.2004 whereby penalty of removal from service has been imposed upon applicant w.e.f. 5.6.2004.

(2.) Applicant who was working as Senior Clerk in ICAR was involved in case No. 1977/1992 under Sections 294 and 506 IPC and also in case No. 276/93 under Sections 323, 427 and 501 IPC. He was convicted in these cases by order dated 1.12.1995. On the basis of this conviction and after considering applicant's representation in response to show cause notice dated 19.3.1996, penalty of removal from service was confirmed vide order dated 30.4.1996. Applicant's OA No. 1029/1996 against the said punishment was dismissed being premature on 9.8.1996. RA No. 172/1996 against Tribunal's orders dated 9.8.1996 was also rejected on 5.12.1996. Applicant then filed OA No. 1935/1999 challenging respondents' order dated 30.4.1996 which was allowed vide order dated 13.2.2004 directing respondents to reinstate applicant forthwith and decide the intervening period as per FRs. It was made clear that respondents would not be precluded from passing a fresh order.

(3.) THE learned Counsel of applicant submitted that whereas the Tribunal had directed respondents to reinstate applicant forthwith in service, and whereas applicant reported to join duty, he was neither reinstated in service nor were his pay and allowances for the intervening period from 1.12.1995 to 5.6.2004 released to him.