JUDGMENT

P. Sathasivam, J. —

1) This appeal by Union of India is directed against the final judgment and order dated 12.08.2005 passed by the High Court of Gujarat at Ahmedabad in Special Civil Application No. 16575 of 2005 whereby the High Court dismissed the application of the appellants herein upholding the order of the Central Administrative Tribunal (in short ‘the Tribunal’) in O.A. No. 333 of 2004 wherein the Tribunal by its order dated 20.04.2005 had quashed and set aside Notification No. C-11011/1/2001-VP dated 29.05.2001.

2) Brief facts:

(a) On 08.06.2000, Vikrambhai Maganbhai Chaudhari, the respondent herein, while working as M.O. Postal Assistant, Bardoli, refused to accept M.O. forms along with the amounts tendered by Shri P.N. Singh, Shri H.K. Tiwari and Shri R.C. Pande for booking of money orders. Later, Mr. K.H. Gamit, Assistant Post Master, Bardoli and his immediate supervisor instructed him to accept the above said Money Orders in writing through office order book but the respondent did not obey the orders. Accordingly, departmental action was initiated against him and he was suspended by order of Superintendent of Post Office, Bardoli vide Memo No. B-1/PF/VMC/2000.

(b) However, on 23.06.2000, the suspension order of the respondent was revoked and disciplinary action was initiated against the respondent under Rule 16 of Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as “the Rules”). Vide Memo No. P1/4(2)/05/01-02 dated 17.10.2001, the disciplinary authority awarded punishment of `Censure’ to the respondent.

(c) Thereafter, the case was taken up for review by the Chief Post Master General, Ahmedabad under Rule 29 of the Rules and he directed the Superintendent of Post Office, Bardoli to initiate disciplinary proceedings against the respondent under Rule 14 of the Rules and on completion send the matter to him for further action.

Accordingly, a notice was issued to the respondent.

(d) Challenging the proceedings, the respondent filed Original Application No. 333 of 2004 before the Tribunal, Ahmedabad Bench, Ahmedabad. By order dated 20.04.2005, the Tribunal allowed the application filed by the respondent. Aggrieved by the said order, the appellants herein filed Special Civil Application being No. 16575 of 2005 before the High Court of Gujarat at Ahmedabad. The High Court, by impugned order, dismissed the application filed by the appellants herein. Aggrieved by the said order and judgment, the appellants herein have filed this appeal by way of special leave petition before this Court.

3) Heard Mr. A.S. Chandhiok, learned ASG for the appellants. Mr. Vishwajit Singh, learned counsel filed appearance on behalf of the respondent but none appeared at the time of hearing.

4) Mr. Chandhiok, learned ASG after taking us through Rule 29 of the Rules submitted that the Tribunal was not justified in quashing the Notification dated 29.05.2001 and the High Court has also committed an error in confirming the same. He further submitted that the High Court and the Tribunal ought to have appreciated that the Notification in question does not become bad merely because the time limit has not been provided and according to him, even though Rule 29(1)(vi) provides that such order shall also specify the time within which this power should be exercised in view of Clause (v) which provides six months’ outer limit for reviewing the order, the ultimate conclusion of the Tribunal and the High Court cannot be sustained.

5) Inasmuch as the Tribunal and the High Court granted relief in favour of the respondent on the basis of the interpretation of Rule 29(1)(vi) and the Notification dated 29.05.2001, it is desirable to refer the same. The Notification reads as under:-

“Ministry of Communications

[Department of Posts]

New Delhi, the 29th May, 2001

NOTIFICATION

No. So..... In exercise of the powers conferred by Clause (VI) of Sub Rule (1) of Rule 29 of the Central Civil Services (Classification, Cont