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2018 Supreme(Del) 1093

HIMA KOHLI, PRATIBHA RANI
Delhi State Industrial And Infrastructure Development Corporation Limited – Appellant
Versus
Bharat Ahuja – Respondent


Advocates Appeared:
For the Petitioners:Ms. Biji Rajesh, Ms. Eshita and Mr. Diwankar Sethi, Advocates for Mr. Gaurang Kanth, Advocate
For the Respondents:Mr. R.A. Sharma, Advocate, Ms. Shruti Munjal, proxy counsel for Mr. Ankur Chhibber, Advocate.

JUDGMENT :

HIMA KOHLI, J.

1. The petitioners, Delhi State Industrial and Infrastructure Development Corporation Limited (in short ‘DSIIDC’) have challenged the judgment dated 28.05.2015, passed by the Central Administrative Tribunal, allowing O.A. No.628/2014, filed by the respondent No.1, directing them to re examine his case for promotion to the post of Chief Project Manager (Civil) (in short “CPM”) from the date his immediate junior was granted promotion, with all consequential benefits.

2. A glance at the relevant facts of the case is considered necessary. From 15.0.2001, the respondent No.1 was working in DSIIDC on the post of Assistant Executive Engineer (Civil) (in short “AEE”) on an ad hoc basis. Since 17.09.2008, he was holding current duty charge on the post of CPM (Civil). The respondent No.1 was regularized against the post of AEE (Civil) w.e.f. 15.02.2008 and from 17.09.2008, he was assigned the current duty charge on the post of Executive Engineer (Civil), (re-designated as “CPM”). On 28.10.2009, the petitioners/DSIIDC issued a charge-sheet against the respondent No.1, contemplating initiation of major penalty proceedings against him.

3. On 23.07.2010, a DPC was held to c
















































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