SANDEEP MEHTA, R. MAHADEVAN
Delhi Transport Corporation – Appellant
Versus
Ashok Kumar Sharma – Respondent
ORDER :
1. This appeal by special leave has been preferred by the appellant-Delhi Transport Corporation(hereinafter being referred to as ‘Corporation’) for assailing the judgment dated 12th March, 2013 rendered by the learned Division Bench of the Delhi High Court dismissing the W.P.(C) No. 7661 of 2010 preferred by the appellant-Corporation questioning the legality and validity of the judgment and final order dated 1st July, 2010 passed by the Central Administrative Tribunal, Principal Bench, New Delhi(hereinafter being referred to as ‘Tribunal’). The Tribunal accepted the Original Application(for short ‘OA’) No. 1592 of 2009 filed by the respondent(hereinafter being referred to as ‘charged officer’) and set aside the order dated 24th April, 2009 passed by the Chairman-cum-Managing Director(hereinafter being referred to as the ‘CMD’) thereby, dismissing the respondent from service.
2. We have heard and considered the submissions advanced at bar and have gone through the impugned judgment and the material available on record.
3. Ex facie, we find that the action of the appellant-Corporation in dismissing the respondent from service suffered from fatal lacuna of having been arrived a
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