THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO WRIT PETITION No. 2905 of 2010 Between: The Secretary, Dept. of SCR. ..... PETITIONER(S) AND .....RESPONDENT(S) THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO WRIT PETITION No. 2905 of 2010 ORDER: (per Sri NRLN, J ) The petitioners in this writ petition challenges the order of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad in O.A.No.520 of 2008 dated 19-6- 2009. The 1st respondent, applicant before the Tribunal, was an employee of Railways and he was said to have been involved in a criminal case for the offence punishable under section 138 of the Negotiable Instruments Act, and was convicted by the court of the II Additional Judicial Magistrate of First Class, Bhimavaram, in C.C.No.877 of 2001 dated 30-7-2004. In view of the conviction the 1st respondent was suspended and was subsequently removed from service by the Railway authorities. Thereafter, the applicant preferred Crl.R.C.No.2079 of 2006 before this Court, whereby the matter was compromised and that the applicant was thus acquitted. Thereafter, he filed O.A.No.743 of 2007 before the Tribunal seeking for reinstatement into service and the said O.A. was disposed of with a direction to the applicant to submit a representation to the authorities informing the fact of the acquittal. Thereafter, the applicant made a representation to the authorities for reinstatement into service and that the department was pleased to reinstate the applicant into service. The applicant made another application on 21-5-2008 seeking for payment of salary arrears from 10-12-2004 to 14-5-2008 and since the same was not considered he approached the Tribunal by filing the present O.A. The Tribunal on consideration of the matter inter alia held that the applicant submitted the representation dated 21-5-2008 simply asking salary arrears, and that he has not stated that he was not employed elsewhere and did not earn any amount during the period for which he claimed salary, and therefore directed the applicant to approach the authorities under FR 54-A. Aggrieved by the said order, the present writ petition by the Railways. Learned Standing Counsel appearing for the Railways contended that a specific order is required to be passed by the disciplinary authority and that FR 54-A is applicable only when a departmental inquiry and the consequent punishment order is brought under challenge before the Court of law and that the punishment is set aside by the Court. In the instant case, it is contended, the applicant was reinstated into service pursuant to his acquittal by way of compromise before this Court therefore, FR 54-A is not applicable and FR 54 alone is applicable. Countering the submissions, learned counsel for the applicant submitted that since the conviction of the applicant was set aside by this Court, the applicant is entitled for the benefit under FR 54 A. Evidently, the conviction against the employee was set aside by way of compromise. The payment of salaries for the period for which the applicant was out of service is covered under FR 54 or 54-A. If FR 54-A is not applicable, then under FR 54 necessary orders have to be passed by the competent authority considering the nature of the suspension etc., However, the question of applicability of FR 54 or FR 54-A was not urged before the Tribunal. In view of the circumstances that the question as to whether FR 54 or Fr 54-A is applicable is in dispute, therefore the applicant is at liberty to make representation afresh to the concerned authorities within three weeks from today and on such application being filed the Department shall consider the matter as to whether the case of the applicant falls within the purview of FR 54 or FR 54-A, and pass appropriate orders thereon within a period of six weeks thereafter, as per law. Subject to above directions, the writ petition stands disposed of. No costs. ________________________ GHULAM MOHAMMED, J. _______________________________ JUSTICE N.R.L. NAGESWARA RAO 21-2-2011 KK THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO WRIT PETITION No. 2905 of 2010 21-2-2011