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2022 Supreme(SC) 1917

DINESH MAHESHWARI, KRISHNA MURARI
Union of India – Appellant
Versus
Sharvan Kumar – Respondent


Advocates Appeared:
Ms. Aishwarya Bhati, Ld. ASG, Ms. Shreya Jain, Advocate, Ms. Vimla Sinha, Advocate, Mr. Amrish Kumar, Advocate, for the Appellant; Mr. Shree Pal Singh, Advocate, for the Respondent

JUDGMENT

Dinesh Maheshwari, J. - By way of this appeal, the appellants - Union of India and its officers related with South Eastern Railway -have challenged the judgment and order dated 30.08.2013 passed by the High Court of Calcutta in WPCT No. 330 of 2013, whereby the High Court has disapproved the order dated 21.06.2013 passed by the Central Administrative Tribunal, Calcutta Bench ('the Tribunal') in OA No. 293 of 2011 and has also held that the remitted proceedings in the disciplinary enquiry against the respondent were rendered nullity, for having not been concluded within the time limit fixed by the Tribunal in its earlier order dated 03.09.2010.

1.1. In view of its findings and conclusion, the High Court has disposed of the writ petition filed by the respondent with directions to the appellants to reinstate him in service and to pay him 50% back wages from the date of removal from service i.e., 17.02.2011 and until the date of reinstatement.

2. Having regard to the circumstances of the case and the issues arising for consideration in this appeal, all the factual aspects and merits of the charges in the disciplinary proceedings need not be dilated upon. Only a brief reference to

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