Union Of India vs The Central Administrative ...
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           HONOURABLE SRI JUSTICE P.NAVEEN RAO
                            &
           HONOURABLE DR. JUSTICE G.RADHA RANI


           WRIT PETITION NOs.8577 and 8602 OF 2022

                       Date: 17.02.2022

WP No.8577 of 2022:

Between:

Union of India, Ministry of Finance,
Department of Revenue, North Block,
New Delhi, rep.by its Secretary
and three others

                                              .....Petitioners

            and

The Central Administrative Tribunal,
Hyderabad Bench, HaCA Bhavan,
Lakdikapul, Hyderabad and another.
                                            .....Respondents

The Court made the following:

PNR,J & Dr.GRR,J WP Nos.8577 & 8602 of 2022

HONOURABLE SRI JUSTICE P.NAVEEN RAO & HONOURABLE DR. JUSTICE G.RADHA RANI

WRIT PETITION NOs.8577 & 8602 OF 2022

COMMON ORDER: (per Hon'ble Sri Justice P.Naveen Rao)

These two writ petitions are filed challenging the decision of the

Central Administrative Tribunal in O.A.Nos.396 of 2021 and 388 of

2021, dated 12.07.2021, respectively.

2. In O.A.No.396 of 2021, the applicant is working as Inspector of

Customs and in O.A.No.388 of 2021 the applicant is working as

Superintendent of Customs. These two OAs were filed challenging

the orders of suspension from service dated 02.03.2021 on the

allegation of clearance of unaccompanied baggage.

3. Heard learned Additional Solicitor General appearing for

learned standing counsel Mr. B.Jithender for petitioners and

Mr. N.Vijay learned counsel for 2nd respondent in both cases.

4. The Hon'ble Tribunal having noticed that charge-sheets were

not drawn in departmental proceedings even after 90 days of expiry of

date of suspension from service, following the decision of the Hon'ble

Supreme Court in Ajay Kumar Choudhary vs. Union of India1, set

aside the orders of suspension and further extension and directed the

reinstatement of the applicants. Tribunal further directed that on re-

instatement, the applicants be posted to non-sensitive posts with

attendant provisos as laid down in Ajay Kumar Choudhary. The

Tribunal granted eight weeks time for compliance of the orders.

Review Petitions filed by the petitioners to review the said decisions

were also rejected.

2015 (7) SCC 291 PNR,J & Dr.GRR,J WP Nos.8577 & 8602 of 2022

5. In compliance of the directions of the Tribunal, both applicants

were reinstated vide orders dated 27.08.2021. Court is informed that

Shri K.Goutham, 2nd respondent in W.P.No.8577 of 2021, was

promoted as Superintendent of Customs. On reinstatement, both

applicants are working in the respective places of postings.

6. Learned Additional Solicitor General sought to contend that

view taken by the Tribunal on not drawing charge-sheets within 90

days is not valid and the Tribunal erred in relying upon the judgment

in Ajay Kumar Choudhary. In the facts of this case, said principle

has no application and the Tribunal erred in interfering with the

orders of suspension from services. As the allegations leveled against

the 2nd respondent in both writ petitions are grave, it is not in public

interest to continue them in service.

7. Having regard to developments subsequent to the orders of the

Tribunal, we are not expressing any opinion on these submissions of

the learned Additional Solicitor General. Therefore, Writ Petitions are

disposed of without interfering with the directions of the Tribunal.

However, it is made clear that there is no expression of opinion on

merits of the contentions urged by the learned Additional Solicitor

General and the issues raised in the writ petitions are left open to be

urged in appropriate proceedings. Pending miscellaneous petitions if

any shall stand closed.

______________________________ JUSTICE P.NAVEEN RAO

______________________________ DR.JUSTICE G.RADHA RANI Date: 17.02.2022 Kkm PNR,J & Dr.GRR,J WP Nos.8577 & 8602 of 2022

HONOURABLE SRI JUSTICE P.NAVEEN RAO & HONOURABLE DR. JUSTICE G.RADHA RANI

WRIT PETITION NOs.8577 and 8602 OF 2022

Date: 17.02.2022 kkm