JUDGMENT :

Amrita Sinha, J.

1. The instant writ petition has been filed at the instance of the Administration challenging two orders passed by the learned Central Administrative Tribunal, Kolkata Bench hereinafter referred to as the ‘Tribunal’. First is the order passed in the Original Application filed by the respondent employee quashing the inquiry report and the penalty order, second is the order dismissing the application for review of the said order filed by the administration.

2. Brief facts of the case are as follows:-

(a) The respondent, an employee of the Department of Tourism, A & N Administration, was working in the office of the Director. A complaint was lodged against him for misappropriation of Government money and on contemplation of initiating disciplinary proceeding against him he was put under suspension.

(b) A separate criminal case under the Indian Penal Code and Prevention of Corruption Act, 1988 was also initiated against him.

(c) A disciplinary proceeding was initiated and the respondent was charge-sheeted on 30th October, 2015.

(d) An Inquiry Officer was appointed to inquire into the charges.

(e) As the criminal case and the disciplinary proceeding was continuing si