Perusal of record makes it abundantly clear that the co- accused of the appellant who was proceeded against on the same set of allegations was reinstated into service by the appellate authority as much as 01 year ago before passing of the judgment dated 17.01.2023 by the Tribunal, but there is no reflection in the judgment qua the contention of discrimination and apparently the impugned judgment has been rendered without considering the important factual and legal aspects, hence, the same deserves to be reviewed.
In view of above discussion, the review application No.330/2023 is allowed and the judgment dated 17.01.2023 is reviewed. The appeal No.5189/2021 is allowed and the impugned orders dated 11.08.2021 and 25 10.2021 are set aside. The appellant is reinstated into service and the intervening period during which he remained out of service is treated as leave of the kind due.
