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2009 Supreme(Del) 320

A.K.SIKRI, SURESH KAIT
Govt. of NCT of Delhi – Appellant
Versus
Mukesh Kumar, Stretcher Bearer Central Jail Hospital – Respondent


Advocates:
PRESENT:Ms. Avnish Ahlawat, Advocate for the Petitioner.
Mr. A.S.N. Murthi,.Advocate for the Respondent.

Suresh Kait, J.

1. This writ petition is directed against the order dated 2nd April, 2008 in OA No. 1638/2006 passed by the Central Administrative Tribunal, Principal Bench, New Delhi.

2. The Respondent was working as Stretcher Bearer in Central Jail Hospital, Tihar, New Delhi. He was proceeded against in the Departmental Inquiry for the charges that he was carrying 10 pouches of tobacco each of 10 gm while crossing the threshold (Deodi) of the jail.

3. The respondent was charge-sheeted on 10.03.2004; Exact nature of charge in the statement of Article of charge is reproduced below:

"That it has been reported by SCJ-3 that on 18.02.2004 at 4.47 PM Sh. Mukesh Kumar, Stretcher Bearer came into the Deodi of CJ-S alongwith prisoner patient Sunil S/o Rama Kant after atb btending the Court production at Shahdara for going inside the Jail. When he was crossing the Deodi he was subjected to be searched by the TSP personnel 10 pouches of swagat brand tobacco recovered from him which was concealed in his shoes. The above act on the part of Sh. Mukesh Kumar, Stretcher Bearer is highly objectionable and unbecoming of a Government Servant showing lack of absolute integrity and devotion towards his




















































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