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1993 Supreme(SC) 879

A.M.AHMADI, K.RAMASWAMY, M.M.PUNCHHI
H. Mukherjee: Union Of India – Appellant
Versus
Union Of India: Swadesh Kumar Bhargava – Respondent


Advocates:
A.Subhashini, Arvind Minocha, ASHOK MAHAJAN, G.D.GUPTA, GIRISH CHANDRA, K.AMARESWARI, K.T.S.Tulsi, S.K.DHOLAKIA

Judgment

AHMADI, J. - These appeals by special leave are directed against the decision rendered by the Principal Bench of the Central Administrative Tribunal on February 9, 1993 whereby it directed the Appointments Committee of the Cabinet (for short ACC) to reconsider the suitability of respondent No. 1 S. K. Bhargava for appointment to the post of Chief Controller of Explosives without taking into consideration the adverse remarks made in the year 1987 and the outcome of the Central Bureau of Investigations (for short CBP) enquiry from which he was exonerated and in the light of the observations contained in its judgment. The facts giving rise to these two appeals, briefly stated, are as under.

2. Shri B. R. Dave, the Chief Controller of Explosives superannuated on June 30, 1984 but as no suitable candidate was available for appointment to the post he was granted re-employment for a period of one year i.e. from July 1, 1984 to June 30, 1985. On his vacating the post w.f. July 1, 1985 as no suitable candidate was available for manning the said post the seniormost Joint Chief Controller of Explosives was appointed on ad hoc basis as Chief Controller of Explosives w.e.f. July 1, 1985.














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