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2021 Supreme(AP) 28

M.SATYANARAYANA MURTHY
V. R. Bapa Rao – Appellant
Versus
Rastriya Ispat Nigam Ltd. – Respondent


Advocates Appeared:
For the Petitioner: N. Subba Rao.
For the Respondent: K. Sarva Bhouma Rao.

ORDER :

1. This writ petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus declaring the action of respondent No.2 in issuing the charge sheet vide Ref.No.D(P)/3, dated 22.01.2021 in contravention of Circular No.16/3/06 dated 28.03.2006 issued by the Central Vigilance Commission as illegal and unauthorised, consequently set aside the said charge sheet.

2. The petitioner worked in the Vigilance Department from 05.11.2007 to 28.07.2018 in the respondents company. After completion of period of deputation, the petitioner was reverted to regular department from vigilance department. After reversion, if any action is proposed to be taken against him, there shall be prior consultation with the Central Vigilance Commission. The charge sheet was served on the petitioner, without consulting with the Central Vigilance Commission, as such the impugned action is in contravention of circular No.16/3/06, dated 28.03.2006 issued by the Central Vigilance Commission. It is contended that on such reversion, the vigilance personnel shall not be posted to work under an officer against whom, while working in the vigilance department, he had undertaken verification of

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