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2023 Supreme(Bom) 487

NITIN JAMDAR, SANDEEP V. MARNE
Union of India – Appellant
Versus
Balakrishnan Thiruvengadam Mudaliar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Neeta Masurkar a/w. Mr. P. Khosla, for the Petitioners.
For the Respondent: Ms. Gayatri Singh a/w. Mr. Sangram Chinnappa i/by. Kranti & Co.

JUDGMENT :

SANDEEP V. MARNE, J.

Rule. Rule is made returnable forthwith. Heard finally with the consent of learned Counsel for the Petitioner and the learned Counsel for the Respondent.

2. This petition is filed by the Union of India challenging the judgment and order dated 9th August 2018 passed by the Central Administrative Tribunal (Tribunal) in Original Application No. 787/2010. Petitioners are aggrieved by the direction of the Tribunal for payment of arrears of salary during the intervening period of compulsory retirement till reinstatement in service.

3. The case has a checkered history. Respondent was appointed as a Driver in the Central Excise Commissionerate at Mumbai on 30 March 1989. He was deputed to drive a vehicle to Alibaug, Murud, Srivardhan and Mahabaleshwar in connection with some wireless maintenance work at the relay stations during 4 June 2003 to 8 June 2003. One Shri. S. A. Keer, Cashier wanted to join the journey till Mahabaleshwar in connection with his own work. It is alleged that one person identified as Shri. A.K. Pasha handed over some money to Shri. Keer, who requested Respondent to count the same. After counting Respondent returned the money to Shri. Keer.

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