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2001 Supreme(AP) 3

MOTILAL B.NAIK, A.GOPAL REDDY
Union of India – Appellant
Versus
S. Gangayya – Respondent


A. GOPAL REDDY, J.

( 1 ) THIS writ petition is filed challenging the order passed by the Central Administrative tribunal, Hyderabad Bench in O. A. No. 684/97, dated 10-3-1999.

( 2 ) RESPONDENT No. l who worked as senior D. P. O. , South Eastern Railway, waltair retired on attaining the age of superannuation on 30-6-1996. The second writ petitioner by his proceedings no. DCPO/g/con/sc/96/mjr/759, dated 22-4-1996 issued a Memorandum of charge-memo proposing to hold enquiry against him under Rule 9 of the Railway servants (Discipline and Appeal) Rules, 1968 by enclosing articles of charge-sheet in annexures I and II. The respondent No. l challenged the same before the Central administrative Tribunal stating that there is inordinate delay in initiating disciplinary proceedings and atter retirement if any disciplinary proceedings are sought to be initiated, the same can be done only with the prior approval and sanction of the president; that the misconduct alleged against him relates back to the year 1988 and issuance of Charge Memo is against rule 2038 of IRSA Rules, 1968. It was the further case of R-1 before the Tribunal that the Railway Board in its letter No. P/6/40/ 193/k, dated 1










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