Badar Durrez Ahmed, J.

1. In this writ petition, the order dated 14.11.2011 passed in O.A.No.504/2011 by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as “the Tribunal”) is under challenge. The impugned order dated 14.11.2011 is itself a second round of litigation. In the first round, the Tribunal itself had remitted the matter to the Disciplinary Authority for reviewing the case from the angle of proportionality of the penalty.

2. The main plea before the Tribunal in the second round was that the respondent No.1 was prejudiced by non-supply of the UPSC advice dated 18.11.2009, which had been relied upon in the penalty order dated 26.11.2009. On behalf of the petitioner herein, reliance was placed on the decision of the Supreme Court in the case of Union of India v. T.V. Patel : 2007 (4) SCC 785. However, the Tribunal noted that there was a subsequent decision of the Supreme Court in the case of Union of India & Others v. S.K.Kapoor: 2011 (4) SCC 589 in which the decision of Union of India v. T.V.Patel (supra) had been held to be per incuriam. The relevant portion of the decision in Union of India & Others v. S.K.Kapoor (supra), is