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2009 Supreme(SC) 1837

ALTAMAS KABIR, MARKANDEY KATJU
Union of India – Appellant
Versus
Dipak Mali – Respondent


Advocates appeared:
For the Appellants :Harish Chandra, Sr. Adv., M. Khairati, B. K. Prasad, Mrs. Anil Katiyar, Advs., with him for the Petitioner(s).
For the Respondents:Raj Kumar Gupta, Mukul Dubey, Sunil K. Gupta, Praveen Chaturvedi Advs., for the Respondent(s).

JUDGMENT

Altamas Kabir, J. —

1. This Special Leave Petition has been filed by the Union of India and its officers in the Ministry of Defence against the judgment and order “dated 1st September, 2005, passed by the Madhya Pradesh High Court at Jabalpur in Writ Petition (S) No.2569 of 2005, dismissing the same. The respondent, who was working as a Civilian Motor Driver-II In the establishment of the Senior Quality Assurance Officer, Senior Quality Assurance Establishment (Armaments) in the Gun Carriage Factory at Jabalpur, was suspended pending inquiry on 10th August, 2002. Under Rule 10 of the Central Civil Services (CCA) Rules, 1965 amended by Notification dated 23rd December, 2003, Sub-Rules (6) and (7) were inserted. As the same are relevant to the facts of this case, the same are extracted herein below :

“(6) An order of suspension made or deemed to have been made under this rules shall be reviewed by the authority competent to modify or revoke the suspension, before expiry of ninety days from the date of order of suspension, on the recommendation of the Review Committee constituted for the purposes and pass orders either extending or revoking the suspension. Subsequent reviews s














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