Patnaik, C.J.-- 1. This is a petition under Article 227 of the Constitution of India against the order dated 9th December, 2000 passed by Central Administrative Tribunal, Jabalpur Bench in OA No.469 of 1994.

2. The facts briefly stated, are that the respondent Harlom was employed in termporary capacity in BSF Academy, Tekanpur on 16.12.1984. He was arrested in connection with the theft of one rifle by the police on 24.6.1985. Since he had not disclosed about the pendency of the aforesaid criminal case at the time of his appointment, his services were terminated by the Director of the BSF Academy on 16.8.1995 under rule 5(1) of the Central Services (Temporary Services) Rules, 1965.

Aggrieved by the said order dated 16.8.1985 terminating his services, respondent filed an OA No.296 of 1988 before Central Administrative Tribunal, Jabalpur Bench, and after hearing parties, the Tribunal set aside the order of termination by its order dated 18.8.1989 and directed the petitioner to pass fresh order after holding regular departmental enquiry. In compliance of the said order of Tribunal, a departmental enquiry was held and after completion of departmental enquiry, the disciplinary authori