JUDGMENT

Manmohan Sarin, J.

1. Union of India through Director, Central Bureau of Investigation, by this writ petition assails the order dated 28.4.2004 of the Central Administrative Tribunal, Principal Bench, New Delhi, (hereinafter referred as CAT), By the impugned order, CAT allowed O.A. No. 902/2003 of Respondent S.P.Tanti, quashed termination order dated 15.4.2002 and directed his reinstatement with consequential benefits excluding back wages. CAT quashed the termination order holding that it had not been passed by the appointing authority, as mandated in terms of Rule 5(1)(a) of CCS(TS) Rules, 1965. CAT held that non compliance with this mandatory requirement, vitiated the termination order.

2. The facts and circumstances and respective contentions culminating in the passing of the impugned order and the grounds of challenge thereof are as follows:

(i) On 28.11.1995, the respondent S.P. Tanti applied for the post of Public Prosecutor in CBI against the post reserved for "SC Category Candidate". On verification of his caste certificate, a few doubts arose as to its sanctity entailing a clarification. However, taking a lenient view, respondent was appointed as Public Prosec