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2021 Supreme(Del) 514

RAJIV SHAKDHER, TALWANT SINGH RAJIV SHAKDHER
Union of India – Appellant
Versus
S. K. Saxsena – Respondent


Advocate Appeared:
For the Appellant :Ms. Arti Bansal, Advocate.
For the Respondent:Mr. Siddharth Dias & Raushal Kumar, Advocates.

JUDGMENT :

Rajiv Shakdher, J.

[Court hearing convened via video-conferencing on account of COVID-19]

1. This appeal is directed against the judgment of the learned Single Judge, dated 04.02.2021. The appellant is, essentially, aggrieved by the directions given in paragraph 7 of the impugned judgment. For the sake of convenience, the same is extracted hereafter:

    “7. If the first review has not been carried out before the expiry of 90 days, the order of suspension dated April 05, 2019 shall become invalid and as such the subsequent orders of continuance of suspension of the petitioner shall also become invalid. Accordingly, the. suspension order dated April 05, 2019 being invalid it is quashed, the petitioner is entitled to claim continuity in service and salary for the period from the date of suspension till reinstatement subject to adjustment of suspension allowance paid to the petitioner during this period. The petition is allowed and disposed of.”

2. The backdrop, in which the impugned judgment came to be passed, is briefly set forth hereunder.

2.1. The respondent, who was the Director, Export Inspection Council, New Delhi was placed under suspension, vide office order dated 05.04.201

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