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2010 Supreme(SC) 326

AFTAB ALAM, SWATANTER KUMAR
Union of India – Appellant
Versus
Alok Kumar – Respondent


Advocates Appeared:
For the Appellants :S. Wasim A. Qadri, Jubair Ahmad Khan, Anand Verma, Minnat Ullah, A. K. Sharma, Ron Bastin, Advocates
For the Respondent:P.P. Khurana, Sr. Advocate, Santosh Kumar, Mushtaq Ahmad, S. Prasad, Ambar Qamaruddin, Manoj Prasad, Satyendra Kashyap, Sadashiv Gupta, Vishal Somany, Advocates.

Judgment :-

Swatanter Kumar, J.

Delay condoned in SLP (C) No. 25293 of 2008.

2. Leave granted.

3. This judgment shall dispose of all the above mentioned appeals as common question of law on somewhat similar facts arise in all the appeals for consideration of this Court.

4. The Union of India being aggrieved by the judgment of the High Court of Judicature at Allahabad, Lucknow Bench dated 25th February, 2008 has filed the present appeals under Article 136 of the Constitution of India. The High Court declined to interfere with the Order passed by the Central Administrative Tribunal, Lucknow Bench (hereinafter referred to as 'the Tribunal') wherein the Tribunal, in exercise of its powers under Section 19 of the Central Administrative Tribunal Act had set aside the orders of punishment passed by the Disciplinary Authority and the Appellate Authority. However, the High Court granted liberty to the Disciplinary Authority to conduct the inquiry afresh from the stage of nomination of the inquiry officer.

5. A simple but question of some significance under service jurisprudence falls for consideration in the present appeals, whether or not under the relevant Rules and provisions of the Act,




















































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