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2017 Supreme(Del) 3726

VIPIN SANGHI, REKHA PALLI
Union of India – Appellant
Versus
C. K. Jain – Respondent


Advocates Appeared:
For the Petitioners: Mr. Arun Bhardwaj, Adv.
For the Respondent:Mr. Anupam Lal Das, Mr.Anirudh Singh, & Mr. Krishanu Barua, Advocates.

JUDGMENT :

REKHA PALLI, J.

1. The Petitioner-Union of India assails the order dated 5th April, 2016 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.3625/2015 wherein the Tribunal has allowed the said Original Application filed by the Respondent. Vide its impugned order, the Tribunal has directed the Petitioner to open the ‘Sealed cover’ containing the recommendations of the DPC held on 17th June, 2015 in respect of the Respondent and in case he is found fit, he has been directed to be promoted with all consequential benefits.

2. The Respondent, while working as a Deputy Commissioner of Customs, Central Excise & Service Department, was posted to the Inland Container Depot, Tughlakabad w.e.f. 29th September, 2011. During this period, the Department of Revenue Intelligence (DRI) found some undeclared material, concealed behind cartons of papers in a consignment. Suspecting the Respondent’s involvement in the clearance of the offending goods, the DRI summoned him and thereafter vide its order dated 4th October, 2013, placed him under suspension. Respondent’s suspension was extended from time to time in accordance with Rule 10 of the CCS (CCA) Rules.

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