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2016 Supreme(Del) 1838

SANJIV KHANNA, NAJMI WAZIRI
RAVENDRA GARG – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Mr. Arnunav Patnaik and Ms. Bhabna Das, Advocates.
Mr. Jasmeet Singh, CGSC with Mr. Srivats Kaushal, Advocate for UOI.
Mr. Naresh Kaushik, Advocate for the UPSC.

JUDGMENT :

SANJIV KHANNA, J.

1. Ravendra Garg, the petitioner assails order dated 23rd December, 2014 passed by the Principal Bench, Central Administrative Tribunal, New Delhi (Tribunal, for short), whereby his OA No.3631/2014 has been dismissed.

2. By order dated 4th December, 2009, the petitioner was appointed as the Director (Finance) in the National Projects Construction Corporation Limited (NPCC) with effect from 21st July, 2009, for a period of five years or till the date of superannuation or until further orders, whichever was earlier. The said appointment was on the recommendation of the Public Enterprises Selection Board and with the approval of the Appointments Committee of Cabinet (ACC).

3. Consequently, the tenure of the petitioner came to an end on expiry of five years on or about 20th July, 2014. Earlier, on 22nd February, 2013, a memorandum under Rule 11 of the NPCC (CCA) (First Amendment) Rules, 2005, framing articles of charge was issued and served on the petitioner. On the basis of the report submitted by the Inquiry Officer, disciplinary authority imposed penalty of censure vide order dated 8th May, 2014. An appeal against penalty of censure was rejected. The peti



























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