JUDGMENT

Rekha Palli, J. (Oral) - The present writ petition under Articles 226 and 227 of the Constitution of India seeks to assail the order dated 21.04.2023 passed by the learned Central Administration Tribunal in O.A.3106/2022.

2. Vide the impugned order, the learned Tribunal, while allowing the original application filed by the respondent/applicant by setting aside the penalty order dated 26.02.2018 and the appellate order dated 25.04.2019, has directed the petitioners to reinstate him along with all consequential benefits. The learned Tribunal has, however, granted liberty to the petitioners to initiate departmental proceedings against the respondent in accordance with law.

3. We may at the very outset note that while passing the impugned directions, the learned Tribunal has primarily relied on its decision dated 02.08.2022 in O.A.1570/2019 filed by ASI Intikhab Alam who, we find, was initially dismissed by the petitioners along with the respondent vide the same penalty order dated 26.02.2018 passed under Article 311(2)(b) of the Constitution of India.

4. In support of the petition, Mrs. Ahlawat, learned counsel for the petitioner submits that the learned Tribunal has failed to ap