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2016 Supreme(Del) 2566

G.S.SISTANI, I.S.MEHTA
GOVT OF NCT OF DELHI – Appellant
Versus
VIJAY KUMAR JHA – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sanjay Dewan, Advocate.

JUDGMENT :

G.S.SISTANI, J.

CM No. 26454/2016 (Exemption)

Exemption allowed subject to all just exceptions.

The application stands disposed of.

W.P.(C) 6456/2016 & CM No. 26453/2016 (Stay)

1. Challenge in this writ petition is to the order dated 25th May, 2016 passed by the Central Administrative Tribunal (hereinafter referred to as ‘the Tribunal’ in short) by which an OA filed by the respondent herein stands allowed and the order of suspension from the date of his arrest i.e. 20th September, 2013 has been quashed. The Tribunal has also directed that the applicant/respondent herein shall be posted to a place where he cannot influence or tamper with the evidence against him in the criminal case. The Tribunal has also directed that in the event, a charge sheet is filed against the applicant/respondent herein, during this period a reasoned order must be passed if the suspension is to be further extended.

2. Some necessary facts, which are required to be noticed are that the respondent herein is a Medical Officer belonging to Delhi Health Services Cadre and was posted at Babu Jagjivan Ram Memorial Hospital, Jahangirpuri, Delhi, when, he was arrested on 20th September, 2013 on the basis of an F










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