S.C. Das, J.

1. The genesis of both the writ petitions, is an incident, which occurred on 23.9.2003 at about 5.00 p.m. in the office premises of National Research Centre for Mushroom (for short, NRCM), at Chambaghat, Solan, Himachal Pradesh. Both the respondents, Dr. Sarveshwar Dayal (hereinafter referred to as Dr. Dayal) and Dr. Yash Gupta (hereinafter referred to as Dr. Gupta) are husband and wife and they were on their official duty, while working as Scientist (Senior Scale) under Indian Council of Agricultural Research (for short, ICAR). Having considered the submissions, made by learned counsel of both sides, both the writ cases are taken up together for hearing and disposal, since the cases arose out of same incident and identical question of law and-fact, involved in both the cases for decision by this Court. Therefore, this common judgment shall govern both the cases.

2. NRCM is an organization having its office/establishment at Solan, Himachal Pradesh under ICAR. The petitioners, herein, are the superior authorities/disciplinary authorities of the respondents in the ICAR. Dr. Dayal, respondent of WP (C) No. 4569 of 2010 and Dr. Gupta, respondent of WP (C) No. 5248 of 2010, were found guilty of gross misconduct in the disciplinary proceedings drawn against them separately for the same incident occurred on 23.9.2003 and the disciplinary, authorities inflicted punishment of compulsory retirement against both the respondents and, they, by filing separate Original Applications (in short, O.A.) before the Central Administrative Tribunal (in short, CAT), Guwahati Bench, challenged the orders of the disciplinary authority and, the CAT, by impugned order dated, passed in O.A. No. 299 of 2007, filed by Dr. Dayal, and by order dated, passed in O.A. No. 218 of 2008, filed by Dr. Gupta, set aside and quashed the order of the disciplinary authority, and, hence, the disciplinary authorities, i.e., the present petitioners, by filing the aforenoted writ petitions, challenged the orders of the CAT on various grounds.

3. We have heard learned counsel, Mr. D. Majumdar and learned counsel, Mr. R. Sarma for the petitioners and learned counsel, Mr. A. Ahmed and learned counsel, Mr. P. Gogoi for the respondents, in both the cases.

4. Fact of the case, in short, is that, on 23.9.2003, Dr. R.N. Verma, Ex-Director of NRCM and incumbent President of Mushroom Society of India (in short, MSI), while visiting Solan, was invited by the Director of NRCM to participate in a discussion in the seminar of the Executive Committee meeting of MSI and, accordingly, Dr. Verma attended the institute of NRCM at about 3.00 p.m. and had discussions with the Centre Director about the activities of the NRCM and, thereafter, at about 4.00 p.m., he was invited by Dr. R.C. Upadhyay of MSI to preside over the meeting of MSI and, accordingly, he participated in the meeting and was presiding over it. At about 5.00 p.m., Dr. Verma went to the toilet, and while he was returning from the toilet to the meeting room Dr. Robin Gogoi, a scientist of the institute, met him in the corridor and was exchanging pleasantries with him. At that time, Dr. Dayal waylaid Dr. Verma saying "Adab arj hain Doctor sahib" and, immediately, attacked Dr. Verma and slapped him on his face. Dr. Gupta also arrived there and insisted Dr. Dayal to beat Dr. Verma. Dr. Shwet Kamal, another scientist of the institute, who was in the door of the meeting room, rushed there and both Dr. Kamal and Dr. Gogoi disengaged Dr. Dayal from further assaulting Dr. Verma, In the meantime, hearing noise the trainees and executive members of the MSI, all came out and learnt about the occurrence. Dr. Verma got perturbed and extremely shocked in the incident and in the meantime, Dr. Dayal and Dr. Gupta went away from the spot. Director of the institute was reported about the incident and an FIR was lodged to the police. A police case was accordingly registered and investigation was taken up. The matter was reported to