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2026 Supreme(SC) 710

SANJAY KAROL, MANOJ MISRA
Rajesh Sharma – Appellant
Versus
North Delhi Municipal Corporation – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Ardhendumauli Kumar Prasad, Sr. Adv. Mr. Shivesh P. Singh, Adv. Mr. Rahul Khurana, Adv. Mr. Karunakar Mahalik, AOR
For the Respondent(s): Mr. Praveen Swarup, AOR Mr. Praveen Swarup, Adv. Mr. Yunus Malik, Adv. Mr. Rohit Swarup, Adv. Mr. Sukhamrit Singh, Adv. Mr. Ved Prakash, Adv. Mr. K.P. Singh, Adv.

JUDGMENT

MANOJ MISRA, J.

1. Leave granted.

2. This appeal impugns the judgment and order of the High Court1 [High Court of Delhi at New Delhi] dated 28.08.2019 in Writ Petition (C) No.3451/2015, whereby the writ petition of the respondents against the order of Central Administrative Tribunal, Principal Bench at New Delhi2 [CAT] dated 07.08.2014 in Original Application (for short, O.A.) No.4466/2011 was allowed.

FACTS

3. The appellant served as an Executive Engineer (Civil) with the North Delhi Municipal Corporation (for short, the Corporation). While in service he was convicted and sentenced under Section 13 (1) (d) of the Prevention of Corruption Act, 19883 [P.C. Act] and Sections 420, 120 (B) of the Indian Penal Code, 18604 [IPC] vide order dated 15.07.2011. Pursuant to his conviction, the Commissioner dismissed him from service vide order dated 15.11.2011. Impugning the order of dismissal, the appellant filed O.A. No.4466/2011 before CAT, inter alia, on the ground that on the date the order of dismissal was passed he was a Group A officer and, therefore, the authority competent to take disciplinary action against him was the ‘Corporation’ and not the Commissioner. CAT accepted the af

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