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2021 Supreme(Del) 830

VIPIN SANGHI, REKHA PALLI
Upasana Singh – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant : Tanmaya Mehta and Rupal Luthra, Advs.
For the Respondents: Harish Vaidyanathan Shankar, CGSC, Kinjal Shrivastava, Varun Kishore, Vinayak Mohanda, Namisha Jain, Aakansha Kaul, Manek Singh and G.D. Chawla, Advs.

JUDGMENT :

Vipin Sanghi, J.

1. The background in which this petition has been preferred was noticed by us in our initial order dated 10.06.2020. We may extract the relevant portion thereof which reads as under:-

    "The submission of learned counsel for the petitioner is that respondent no. 3 has been nominated by respondent no. 1 as a Member of the General Body of respondent no. 2/Dental Council of India under Section 3(f) of the Dentists Act, 1948. The said nomination is challenged on the ground that respondent no. 3 was earlier serving respondent no. 2 in the capacity of Joint Secretary. He was charged of very serious misconduct and was found guilty of the said charges by the Council after conduct of a major penalty proceeding under Rule 14 of CCS (CCA) Rules, 1965 and, consequently, he was removed from service by respondent no. 2. The said removal has been challenged by respondent no. 3 before the Central Administrative Tribunal and its challenge is pending. No interim stay of the order of removal has been granted by the Tribunal. Despite that being the position, respondent no. 1 evidently oblivious of the said past history of respondent no. 3 has nominated him to General Body of the

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