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2018 Supreme(SC) 1741

KURIAN JOSEPH, DEEPAK GUPTA, HEMANT GUPTA
Kukkikatte Krishnamoorty – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Siddharth Bhatnagar, Anshuman Srivastava, Ankit Yadav, T. Mahipal, Advocates., for the Appellants; Ms. V. Mohana, Sr. Adv., Ms. Seema Bengani, Ms. Swati Ghildiyal, Arvind Kumar Sharma, Mukesh Kumar Maroria, Advocates.

JUDGMENT

Kurian, J. -. Leave granted.

2. The appellant before this Court is aggrieved by the judgment dated 21.07.2016 in Writ Petition (C) No. 1268 of 2016 and the order dated 18.11.2016 passed in Review Petition No. 504 of 2016. In the nature of the order that we propose to pass in this case it may not be necessary to go into the facts of the case in detail

3. Shorn of details, the appellant was removed from service pursuant to inquiry conducted under the Fundamental Rules. The charge established was that he did not report back to duty/curtail his deputation to the International Labor Organization despite the direction issued by the competent authority. Thus, order dated 26.06.2009 was passed removing the appellant from service.

4. Ms. V. Mohana, learned senior counsel appearing for the respondents, submits that the appellant overstayed his period of deputation. Be that as it may, the order removing the appellant from service at paragraph 13 reads as follows: -

    "Now, therefore after considering the facts and circumstances of the case, the President has come to the conclusion that all the Articles of Charge framed against the CO stand established and considering the gravity of mis

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