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2022 Supreme(Bom) 889

DIPANKAR DATTA, NITIN W. SAMBRE
Gopal S/o Sitaram Bairisal – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. M. I. Mourya
For the Respondent: Mr. N. S. Deshpande, Mrs. S. N. Deshpande

JUDGMENT

DIPANKAR DATTA, J.

1. The challenge in this writ petition dated 16th November 2021 to the order dated 13th April 2015 of the Central Administrative Tribunal, Bombay Bench, Mumbai, Camp at Nagpur, dismissing Original Application No.2121 of 2011, is at the instance of the now septuagenarian original applicant (hereafter ‘the petitioner’, for short).

2. At the material time, the petitioner was posted as a Labourer (unskilled) at the Ordnance Factory, Ambazari. He, along with others, was accused of commission of offences punishable under sections 147, 148, 149 and 302 of the Indian Penal Code. Upon registration of an FIR, the petitioner was detained in custody for a period exceeding 48 hours. This resulted in deemed suspension of the petitioner from 2nd March 1999. The petitioner was enlarged on bail on 26th May 1999. However, the order of suspension was not revoked and the same continued to remain in operation till 11th February 2009, when such order came to be finally revoked upon an order of acquittal dated 18th September 2008 being recorded by the Court of Additional Sessions Judge in Sessions Trial No.319 of 2001. The petitioner was reinstated and ultimately retired on super

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