( 1 ) HEARD learned Advocate Ms. Meghaben Jani for the petitioner-Union of India and Mr. K. K. Shah, learned Advocate appearing for the respondent employee Shri N. M. Dhobi.

( 2 ) IN these two petitions, both the respective parties have challenged the order passed by the Central Administrative Tribunal, Ahmedabad Bench, ahmedabad dated August 20, 1999 in O. A. No. 305 of 1999, therefore, both the petitions are disposed of by this common judgment. Brief facts of the present case are as under :

( 3 ) APPLICANT employee was recruited in the establishment of the respondents in the year 1957 as a Signaller in reserved quota of S. C. Railway Department promoted him in December, 1974 to the post of A. S. M. against quota for reserved candidates. Applicant employee refused promotion on ground that he was recruited against the general category and not against reserved category. Then, applicant employee was served with a charge-sheet for getting advantage in original recruitment in reserved quota by showing himself as S. C. candidate. Applicant employee denied the charges. Then, departmental inquiry was conducted and inquiry report was submitted to Disciplinary Authority. The