Anil Kumar, J.

1. The Petitioners, Govt. of NCT of Delhi and Ors., have challenged the order dated 5th March, 2010 passed by Central Administrative Tribunal, Principal Bench, New Delhi in OA No. 1689/2009 titled as "Ex. Constable Sudesh Pal Rana v. Govt. of NCT of Delhi and Ors., allowing the original application of the Respondent and setting aside the order of dismissal dated 9th August, 2006 dismissing the Respondent from the service, after dispensing with the enquiry under Article 311 (2)(b) of the Constitution of India and also setting aside the order of the Appellate Authority dated 5th June, 2008 upholding the punishment. The Tribunal also directed the Petitioners to reinstate the Respondent in service on deemed suspension with arrears from the date of dismissal till the reinstatement. The Petitioners were held to be not precluded from proceeding further against the Respondent in accordance with law.

2. the Respondent was appointed as a Constable in Delhi Police and during his service an FIR No. 383/2006, under Sections 302 and 364 of Indian Penal Code was registered against him at PS Timar Pur, Delhi. During the trial of the criminal case, the Petitioners dispensed wit