1. This writ petition is directed against the orders dated 13.08.2010 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, whereby OA No. 3139/2009 filed by the respondent, was allowed. The facts giving rise to the filing of this writ petition can be summarized as under:

The respondent before this Court was convicted under Sections 7 and 13(1)(d) Prevention of Corruption Act, 1988, vide order dated 07.04.1998, and was sentenced to undergo rigorous imprisonment for three years. Vide order dated 08.12.1998, passed by Commissioner (Personnel) of the petitioner under Regulation 19(1) of DDA (Salaries, Allowances and Condition of Service) Regulation, 1961, the respondent was removed from service w.e.f. 07.04.1998. WP(C) No. 4260/1999 was filed by the respondent, challenging the order, whereby his services were terminated. The appeal filed by the respondent against his conviction was dismissed by this Court on 01.03.2002. Vide order dated 13.07.2007, Commissioner (Personnel) modified the order dated 08.12.1998 and in modification of that order directed that the removal of the respondent shall be effective from 08.12.1998. WP(C) No. 4260/1999 was transferred to Central Administrative Tribunal and was disposed of vide order dated 08.08.2008, whereby the Lieutenant Governor of Delhi, who is also the ex officio Chairman of the petitioner, was directed to take notice of the contention of the applicant S.C. Gautam with respect to competence of the authority empowered to impose penalty on him. It was further directed that if his finding is that the order of removal of the applicant (respondent before this Court) had been passed by a competent officer, nothing more was required to be done, but, if he found that the order had been passed by a person who did not have jurisdiction in the matter, he would ensure that the orders impugned before the Tribunal was set aside and the matter was placed before the Competent Authority for fresh order.

Pursuant to the order of the Tribunal dated 08.08.2008, the Lieutenant Governor held that Commissioner (Personnel) was not competent to remove the respondent from service and accordingly the order dated 08.12.1998 was set aside by him, with the direction that the matter be placed before the Vice-Chairman, for passing a dispassionate order, after considering the reply submitted by the respondent to the show-cause notice issued on 18.09.1998. Pursuant to the aforesaid order passed by the Lieutenant Governor/Chairman, DDA, the Vice-Chairman issued a notice to the respondent on 05.11.2008, seeking his representation on the proposal to impose penalty of removal from service. After considering the representation made by the respondent, the Vice-Chairman, DDA passed an order dated 16.02.2009, imposing penalty of removal from service w.e.f 07.04.1998 upon the respondent. In the appeal filed by the respondent, the Lieutenant Governor of Delhi, in his capacity as the Appellate Authority, while refusing to interfere with the penalty awarded to the respondent, modified the penalty order to the extent that the same was made effective from 08.12.1998. The respondent filed OA No. 3139/2009, challenging the removal from service, which was allowed by the Tribunal vide impugned order dated 13.07.2007 by directing the petitioner before this Court to reinstate the respondent, but under deemed suspension w.e.f. 8.12.1998 till the date of the order. The petitioner before this Court was also directed to pay arrears of subsistence allowance to the respondent. Liberty was, however, given to the petitioner to pass a fresh order, strictly in accordance with the requirement of law.

2. The Tribunal, while allowing the OA, inter alia observed and held as under:-

“In our considered view, applicant, who was convicted and the earlier order of removal passed was by an incompetent authority, accordingly the decision of the Tribunal in TA-181/2007 dated 8.8.2008 set aside the removal with a direction to pa