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2017 Supreme(Del) 1153

SANJIV KHANNA, ANU MALHOTRA
R. K. Mishra – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Sh. H.P. Chakravorti
For the Respondents: Sh. Vikas Mahajan, Mr. S.S. Rai, Sh. Naresh Kaushik, Ms. Kritika Sharma

JUDGMENT :

Sanjiv Khanna, J.

1. The petitioner R.K. Mishra in this writ petition impugns order dated 17.12.2012 whereby O.A. No. 20/2012 filed by him had been dismissed by the Principal Bench of Central Administrative Tribunal (Tribunal, for short).

2. The petitioner joined the Department of Telecommunication as Engineering Supervisor on 27.06.1962. He earned promotions and was appointed as Divisional Engineer on 02.04.1982.

3. On 26.02.1988, the petitioner was placed under suspension pending investigation in two criminal cases registered on a complaint by the Chief General Manager. The suspension was revoked on 02.05.1989 and thereupon the petitioner joined as the Assistant Director General, Sanchar Bhawan.

4. The petitioner had challenged his suspension in O.A. No. 1011/1990, which was allowed vide order dated 13.11.1990 on the ground that the suspension order was not passed by the competent authority. It was held that the period of suspension shall not be treated as period of suspension in the eyes of law and would not amount to a break in service, but shall be treated as period spent on duty for all purposes. The petitioner would be entitled to pay full pay and allowances for the su


































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