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2017 Supreme(Del) 362

VALMIKI J.MEHTA
Triloki Nath – Appellant
Versus
BSES Rajdhani Power Limited – Respondent


Advocates Appeared:
For the Petitioner: Ms. Manindra Acharya, Mr. C.K. Gautam
For the Respondents: Mr. Gulshan Chawla, Mr. Triloki Nath, Mr. Sumeet Pushkarna, Mr. Siddhartha Nagpal

JUDGMENT :

Valmiki J. Mehta, J.

1. By this writ petition under Article 226 of the Constitution of India the petitioner impugns two orders passed by the disciplinary authority dated 6.1.2006 and 7.2.2006. By the order dated 6.1.2006 the disciplinary authority has imposed the penalty of a cut in pension by 5 percent for a period of one year upon the petitioner, and which amount roughly works out to only about Rs.7,445/-. The second order dated 7.2.2006 holds that for the period of suspension from 21.6.2000 to 28.2.2002 the petitioner will only be paid subsistence allowance during the period of suspension and not the regular pay though the petitioner will be taken to be on duty for this period. At the outset itself it is stated that by this judgment the second issue of suspension is decided in favour of the petitioner and only the first relief is not granted resulting only in the monetary disadvantage of Rs.7,445/-. The most part of the present judgment however is only because of the first issue of the challenge to the order dated 6.1.2006.

2. There is a chequered history to this case, inasmuch as, on the charge sheet initially issued against the petitioner on 7.12.1993, petitioner was f























































































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