JUDGMENT :

Kardak Ete, J.

By filing this writ petition, the petitioners have assailed the order dated 06.03.2019 passed by the learned Central Administrative Tribunal (CAT) Guwahati in O.A. No.045/00298/2016, whereby the Original Application filed by the respondent, namely- Sri Biraj Borthakur, has been allowed and the penalty imposed vide order dated 12.02.2016 against the respondent has been set aside.

2. The brief facts of the case are that the respondent was appointed as a Sub-Inspector (Pharmacist) a combatised non-gazetted post in SSB in the year 1984. Thereafter, he was appointed as a Circle Organiser (a civilian Gazetted post), the post which he had joined on 01.10.1991 and was promoted to the post of Special Area Organizer (in short ‘SAO’) and posted at Gangtok, Sikkim till September, 2008. Thereafter he was transferred to Bahraich in the State of Uttar Pradesh and then posted to the State of Arunachal Pradesh. During the service of the respondent as SAO at Gangtok, Sikkim, a Court of Enquiry was ordered by the Deputy Inspector of General, SHQ, Ranidanga, vide dated 21.01.2009. After the Court of Enquiry, it was, prima facie, found the involvement of the three officers/offici