PRADEEP NANDRAJOG, J. (Oral)

1. This common order shall dispose the aforesaid two writ petitions arising out of the common order dated 12th February 2009 passed by the Central Administrative Tribunal, Principal bench in OA Nos.2092/2007 and 520/2008.

2. The learned Tribunal, allowing the OAs, set aside the order passed by the Disciplinary Authority against the applicant i.e. respondent; quashed the inquiry report and the order of disagreement, and ordered to ensue the consequents in law pursuant to such quashing be bestowed upon the applicant/respondent within a period of two months; which required the petitioners to open the sealed cover relating to the DPC held in September 2006 for promotion of the respondent and grant benefits as per the recommendation of the DPC.

3. The respondent when working as Additional Commissioner of Income Tax, Range 10, Kolkata was issued a charge sheet imputing him of misconduct during the period June 1995 to June 1996 with four articles of charge against him, of which the enquiry officer exonerated him of two charges and held that the remaining two were partially proved.

4. The Disciplinary Authority, disagreeing with the findings of the En