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2009 Supreme(Del) 710

A.K.SIKRI, V.K.JAIN
Union of India – Appellant
Versus
Azam Siddiqui – Respondent


Advocates Appeared:
Mr. R.N. Singh, Advocate
Mr. Jai Kishore Singh, Advocate

V.K.Jain, J.

.1. The respondent No.1, a Member of Indian Engineering Service, was issued a Memorandum dated 10.10.2006, proposing imputation of minor penalty against him. The statement of imputation annexed to the Memorandum contained a large number of allegations

.against him, for the misconduct alleged to have been committed by him while working as DE, Pratapgarh. It was further alleged that he was unauthorisedly absent from duty from 24.7.2003 to 27.7.03 without information and sanction of leave and was making false allegations of committing irregularities against his colleagues and superiors. Before issuing the Memorandum, the petitioner had sought advice of Central Vigilance Commission, which, after perusing the investigation report, had advised initiation of minor penalty proceedings against the respondent No.1.

.2. The respondent No.1 filed OA No. 1003 of 2007 before the Central Administrative Tribunal, seeking quashing of the Memorandum and consequential disciplinary proceedings. Vide order dated 25.7.2008, the Tribunal set aside the Memorandum dated 10.10.2006 and also directed that any adverse remarks in his ACR on account of minor penalty should also be expunged. He was




































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