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2019 Supreme(Del) 2407

S.MURALIDHAR, TALWANT SINGH
Union of India – Appellant
Versus
Devender Kumar Goel – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ruchir Mishra, Mr. Mukesh Kr. Tiwari, Mr. Sanjiv Kr. Saxena, Mr. Ramneek Mishra and Mr. Abhishek Rana, Advocates
For the Respondent:Mr. Rajesh Kumar Chaurasia, Ms. Garima Shukla, Mr. Pardeep Jatav and Mr. Sujeet Kumar, Advocates

ORDER :

S. Muralidhar, J.

1. The Union of India has filed this writ petition challenging an order dated 11th November, 2010 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (‘CAT’), allowing O.A. No. 1482/2007. The CAT has by the impugned order quashed the charge-sheet dated 4th August, 1997 as well as a penalty order dated 15th March, 2007 issued against the Respondent, with all consequential benefits.

2. While directing notice to issue in present petition on 28th August, 2011, the impugned order of the CAT was stayed.

3. This is a text book case of delay defeating justice. A government servant has been made to spend the last two decades of his service in defending himself against charges that were vague and unsustainable in law.

4. For the purpose of the present case, it requires to be noted that on 22nd November 1988, the Respondent was appointed as the Deputy Chief Assayer at the Madras Gold Collection-cum-Delivery Centre (‘Centre’) at Madras under the Ministry of Finance. In relation to his functioning in the said post, the Petitioners alleged that several irregularities had been noticed. He was served with a charge-sheet dated 4th August, 1997 containing 6

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