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2023 Supreme(Del) 4465

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Shashi Mohan – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Dr. K. S. Chauhan, Senior Advocate with Mr. Ravi Prakash, Mr. Murari Lal Mr. Ajit Kumar Ekka, Mr. R.S.M. Kalky and Dr. K. Elumalai, Advocates, for the Petitioner.
Mr. Gigi C. George and Mr. Dheeraj Singh, Advocate, for UOI.
Mr. Anil Kumar Singh, Advocate, for R-2 to R-4.

JUDGMENT

V. Kameswar Rao, J. (Oral)

1. The challenge in this petition is to an order dated August 6, 2019 passed by the Central Administrative Tribunal (`Tribunal', for short) in the Original Application being OA 2293/2019 (`OA', for short) whereby the Tribunal had dismissed the OA filed by the petitioner. The challenge in the OA by the petitioner was to the charge sheets dated October 06, 2017 and February 21, 2019 and order of suspension dated January 11, 2019.

2. The facts which lead to the filing of the present petition are that petitioner is working as a Deputy Director (Group `A' post) in the erstwhile Council for Advancement of People's Action in Rural Technology (`CAPART', for short). He had earlier filed an OA 1143/2019 by raising two grounds. The first one was that the then incumbent Director General was only looking after the charge of Director General and as such not competent to issue the charge sheet. The second ground was that the Director General, who was given the look-after charge, was not delegated with the powers of disciplinary authority. The Tribunal rejected the aforesaid OA on both the grounds vide order dated April 09, 2019. However, it was made clear by

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