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2016 Supreme(Del) 2184

SANJIV KHANNA, NAJMI WAZIRI
Union of India – Appellant
Versus
K. Asaiah – Respondent


Advocates:
Advocate Appeared:
Mr. Sameer Agrawal, Adv.
Mr. Ravindra S. Garia, Adv.

JUDGMENT :

Najmi Waziri, J.

1. This petition impugns the final order dated 02.01.2014 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in OA No. 2218/2012, which quashed and set aside the disciplinary proceedings, including the Memorandum of Charge-sheet dated 30.04.2008 and the order of the Disciplinary Authority (“DA”), which had imposed the punishment of compulsory retirement upon the respondent. The impugned order also quashed the order dated 23.05.2012 passed by the Revisionary Authority that had rejected the respondent’s review application. The petitioner was also directed to forthwith reinstate the respondent in service alongwith all consequential benefits. An opportunity was, however, granted to the Disciplinary Authority to hold fresh inquiry proceedings in accordance with provisions contained in Rule 14 of the CCS (CCA) Conduct Rules, 1965 (1965 Rules) against the respondent from the stage it had been quashed by the Tribunal. However, any such proceeding would have to be untrammelled by the petitioner’s earlier assertions in the Article of Charge – that the respondent employee had indulged in unfair practice of manoeuvring and manipul



































































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