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2019 Supreme(Del) 588

SURESH KUMAR KAIT
Sanjaya Bahel – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
R.S. Suri, Adv., Akshay Kapoor, Adv., Varun Khanna, Adv., Kriti Chopra, Adv., Petitioner In Person, Adv., Anurag Ahluwalia, Adv., Sidhant Kumar, Adv.

JUDGMENT :

SURESH KUMAR KAIT, J.

CM APPL. 4407/2019 (Exemption)

1. Allowed, subject to all just exceptions.

2. This application is, accordingly, disposed of.

W.P.(C) No. 981/2019

3. Vide the present petition, the petitioner seeks direction thereby declaring the process of inquiry and the disciplinary proceedings against the petitioner and consequently memorandum dated 31.08.2006 alleging misconduct and placing the petitioner on suspension without pay as null and void.

4. Further seeks direction thereby declaring the waving the immunity of the petitioner as null and void. Further seeks direction thereby declaring the summary dismissal by respondent no.2 as null and void.

5. The brief facts of the case are that the petitioner was appointed on 09.08.1995 for the post of Senior Procurement Manager, in Purchase and Transport Service for a short term appointment for 5 months. In accordance with the Government of India (GOI) policy, the petitioner applied for clearances and the approval for the said job. The permission was given to the petitioner by Ministry of Defence (Finance) and Ministry of External Affairs. However, in December, 2005, the petitioner came to know from media reports that he is























































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