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CENTRAL ADMINISTRATIVE TRIBUNAL
K. Haripal, JM, Braj Mohan Agrawal, AM
V. Vijayan – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. core issues and background of the applicants' criminal proceedings. (Para 1 , 2 , 3 , 4) |
| 2. arguments on reinstatement and backwages post-acquittal. (Para 11 , 20 , 22) |
| 3. court's rationale regarding backwages and definitions of acquittal. (Para 30 , 31 , 35) |
| 4. final ruling on the dismissal of applications. (Para 34 , 39 , 43) |
ORDER
Justice K.Haripal, Judicial Member
Since common questions are raised by the applicants whose official profile is almost identical and since they had faced same criminal proceedings and suffered punishment of dismissal of service from the respondents which was later recalled with a rider imposing 'dies non' is the core of challenge in these Original Applications and since respondents 1, 4 and 5 are the same, both these Applications were clubbed, heard together and are being disposed of by this common order.
2. Applicant in O.A 244 of 2022 had started as a Khalasi in the Southern Railway on 27.02.1978. While working as Senior Clerk in the Divisional Office from 1983, a case was registered against him by the CBI, was arrested and detained in custody following which he was suspended from service on 09.04.2002. That suspension and non-enhancemen
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