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2009 DIGILAW 912 (JHR)

Union of India v. Swapan Kumar Roy

2009-07-01

JAYA ROY, M.Y.EQBAL

body2009
JUDGMENT : Heard the counsel for the parties. The petitioner is challenging the order passed by the Central Administrative Tribunal ,Ranchi in O.A. No. 216 of 2006 whereby the Tribunal has allowed the application and set aside the order of removal of the respondent from service . The undisputed facts are that altogether 21 persons including the respondent were appointed to the post of Substitute Token Porter. However, a charge sheet was issued on the allegation of producing false/forged certificates and on that charge they were ultimately removed from service. All the employees, except the respondent herein, approached the Tribunal. Some of them succeeded and those who did not succeed before the Tribunal, approached this court in W.P.S. No. 1376/2005. This court quashed/ set aside the removal order. The petitioner approached the Supreme Court by filing C.C. No. 9164 of 2005 which was dismissed. The present respondent, because of some reasons, could not approach the Tribunal within time. However, he approached the Tribunal with some delay and in terms of the impugned order, the Tribunal allowed the application and set aside the order of removal . In view of the aforesaid facts of the case we do not find any reason to interfere with the impugned order. This application is dismissed.