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2021 Supreme(Del) 312

RAJIV SAHAI ENDLAW, AMIT BANSAL
Union Of India – Appellant
Versus
Chikkam Vijay Mohan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ravi Prakash, CGSC with Mr. Shahanullah and Mr. Gurtejpal Singh Advs
For the Respondent: Mr. G.Tushar Rao, Sr. Adv. with Mr. Hitendra Nath Rath and Mr. Mayank Sharma, Advs.

JUDGMENT :

[VIA VIDEO CONFERENCING]

AMIT BANSAL, J.

1. The petition impugns the order dated 18th March, 2020 of Central Administrative Tribunal (CAT), Principal Bench, New Delhi in OA No.100/538/2020 preferred by the respondent. Vide the said order, interim relief has been granted to the respondent and the respondent has been directed to be continued in service as Presiding Officer, Debt Recovery Tribunal (DRT), Nagpur. The present petition has been filed by the petitioners, who were the respondents before CAT.

2. The respondent herein was a member of the Judicial Service of the State of Andhra Pradesh. Vide notification dated 24th October, 2016 under Section 4(1) read with Section 6 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (DRT Act), the respondent was appointed as Presiding Officer of DRT, Nagpur. The respondent, vide order dated 29th June, 2017 was recalled by High Court of Andhra Pradesh. The respondent challenged the said order of the High Court before the Supreme Court, whereby an interim order dated 28th July, 2017, the order of recall was stayed. Though on the High Court of Andhra Pradesh having recalled the respondent, the Ministry of Finance,

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