G.S. SISTANI, J.

1. Order dated 30th March, 2006 passed by the Central Administrative Tribunal (hereinafter referred to as ‘the Tribunal’) has led to the filing of the present writ petition by the petitioner.

2. The necessary facts required to be noticed for disposal of this writ petition are that a FIR No.14/1996 was registered under Sections 395/397/34 IPC and Sections 25/27/54/59 of the Arms Act against the present respondent and three others. We may notice that the respondent has since expired leaving behind his wife and children. After the registration of the FIR, the respondent was dismissed from service by an order dated 21st March, 1996 under Article 311 (2)(b) of the Constitution of India.

3. An appeal against the aforesaid order was rejected which led to filing of OA No. 3070/2002 which was allowed by the Tribunal on 27th August, 2003. Pursuant to the order of the Tribunal, the respondent was reinstated and thereafter placed under suspension.

4. Simultaneously, a disciplinary inquiry was initiated. The respondent was held guilty, dismissed from service and the intervening period was to be treated as “not spent on duty”. This led to filing of the second O.A.

5. The ma