JUDGMENT :

NAVIN SINHA, J.

The two appeals have been preferred by the appellant-Corporation and the respondent-employee respectively, to the extent that they are aggrieved by the common order in a writ appeal preferred by the Corporation. They have thus been heard together and are being disposed by a common order.

2. The Corporation is aggrieved to the extent the impugned order sets aside the order of punishment on the ground that the charge-sheet had not been issued by the disciplinary authority. The employee is aggrieved by the grant of liberty to the Corporation for issuance of fresh charge-sheet, and denial of back wages while granting reinstatement. In the interregnum, the employee has attained the age of superannuation in February 2018.

3. A charge-sheet was issued to the employee on 31.12.1993 by the Deputy General Manager (Aviation) (hereinafter referred to as “the DGM”) while he was working on the post of Aviation Officer at the General Aviation Service Station, Gwalior, in the management cadre in Job Group “A”. It was alleged that fresh sand particles had been found in the all 10 fuel tanks after his duty hours in the ‘C’ shift ended while the earlier inspection during the ‘B