JUDGMENT :

SUDHANSHU DHULIA, J.

1. These are the two appeals filed by the Union of India; Appeal No. 1320/2010, is against the order dated 14.10.2008 passed by a Division Bench of the High Court of Judicature, Andhra Pradesh at Hyderabad in Writ Petition No. 9541 of 2008 and Appeal No. 1323/2010 is against the order dated 22.01.2009, of a Division Bench of the High Court of Judicature, Andhra Pradesh at Hyderabad passed in Writ Petition No. 494/2009. The issue in both the Civil Appeals raised is identical, but for the sake of convenience, for facts we would be only referring to Civil Appeal No. 1320 of 2010.

2. The High Court in the impugned order dated 14.10.2008 has allowed the Writ Petition of the respondent by setting aside the order (dated 18.03.2008), passed by the Central Administrative Tribunal, Hyderabad (for short ‘CAT’) which upheld the initiation of the disciplinary proceedings by the Nuclear Fuel Complex-Hyderabad (hereinafter referred to as ‘NFC’ or ‘Department’), against the respondent under the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (for short ‘CCA Rules 1965’). The short question which was there before the High Court and which is now b