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1996 Supreme(SC) 1572

K.RAMASWAMY, G.B.PATTANAIK
Sub Divisional Inspector Of Post – Appellant
Versus
K. K. Pavitheran – Respondent


ORDER

Delay condoned.

Leave granted

Heard learned counsel on both sides.

2. The respondent while in service as Extra-Departmental Agent was charge-sheeted, for misconduct of temporary absence from duty, under Rule 8 of the P & T Extra Departmental Agents (Conduct and Services) Rules, 1964 on June 6, 1985. By order dated March 31, 1986, the enquiry was cancelled and fresh enquiry was conducted. Later, on conclusion of the departmental enquiry proceedings, by order dated July 9, 1990, the respondent was removed from service. He filed an application in the Tribunal. By order dated May 28, 1992, the Tribunal remitted the matter for reconsideration on the nature of punishment. That order was unsuccessfully challenged in this Court and had become final. Subsequently, when the order of removal was passed again, it was challenged in the Tribunal. The Tribunal by order dated September 4, 1993 quashed the proceedings and directed reconsideration of the quantum of punishment on the basis of amended rules. Again, it was challenged in the special leave petition before this Court which was dismissed. Consequently, the respondent was reinstated. He again filed an application. In the impugned order d




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