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2018 Supreme(Del) 1345

SIDDHARTH MRIDUL, DEEPA SHARMA
UNION OF INDIA – Appellant
Versus
ASHOK KUMAR AGGARWAL – Respondent


Advocates Appeared:
For the Petitioner: Mrs. Maninder Kaur Acharya, ASG along with Mr. Rajesth Katyal, Adv.
For the Respondent: Mr Rakesh Kumar Khanna, Sr. Adv with Mr. S.K. Gupta and Mr. Ashutosh Dubey and Ms Shefali Jain and Ms Drishti Rathore, Advs.

JUDGMENT :

DEEPA SHARMA, J.

1. The petitioners have filed these three writ petitions, challenging the common order dated 02.02.2016 of the Central Administrative Tribunal (hereinafter referred to as ‘Tribunal’) whereby the three original applications bearing OA No. 3971/2015, OA No. 2976/2014 & OA No. 2977/2014 of the respondent were allowed.

2. The factual matrix of the case is that the respondent joined the services of Union of India as Income Tax Officer (ITO) Group ‘A’ in December, 1985 and eventually he was promoted and was working as a Joint Commissioner of Income Tax and during the period from 06.11.1996 to 31.12.1998, he was working as Deputy Director, Delhi Zone, Enforcement Directorate (ED), New Delhi..

3. That on 01.01.1998, ED conducted search of three shops and residential premises of one Sh. S.C. Barjatya and during the search, besides other articles, seized a fax message (debit advice), reflecting a debit of US dollar 1,50,000/- from the account of Royalle foundation, Zurich, Switzerland in favour of one S.K. Kapoor holder of account no. 022-9-608080, Hong Kong & Shanghai Banking Corporation (HSBC) as per the advice of customer i.e. Royalle foundation.

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