ORDER

1. The respondent was subjected to a disciplinary enquiry on a charge of misappropriation. By an order dated 6-8-1988 he was dismissed from service. On appeal the appellate authority while confirming the finding of guilt, reduced the punishment to one of compulsory retirement. The respondent challenged that order before the Tribunal. The Tribunal allowed the original application on the only ground of not furnishing the enquiry officers report. Liberty was given for holding a fresh enquiry. The date of the Tribunals order is 9-8-1991. On 4-11-1991, the authorities passed an order stating that in terms of Rule 10(4) of the CCS (CCA) Rules, the respondent shall be deemed to be under suspension pending enquiry with effect from the date of dismissal, i.e., with effect from 6-8-1988. Against the order dated 4-11-1991 the respondent again approached the Tribunal which has allowed the same on 11-6-1992 under the impugned order. Ibis SLP has been preferred with a delay of 407 days by the Union of India. We gave notice to the respondent and we have heard the respondents counsel today.

2. So far as the delay is concerned, Mr Shetye, learned counsel for the respondent, says that there is