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2023 Supreme(Del) 3377

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Gautam Arora – Appellant
Versus
Govt. of NCT Delhi – Respondent


Advocates appeared:
Mr. Sanjeev Ralli, Senior Advocate with Mr. Shubham Yadav and Mr. Ravi Kant Yadav, Advocates, for the Petitioner.
Mrs. Avnish Ahlawat, SC with Ms. Tania Ahlawat, Mr. Nitesh Kumar Singh, Ms. Palak Rohmetra, Ms. Laavanya Kaushik and Ms. Aliza Alam, Advocates for GNCTD Mr. Sidhant Kumar, Ms. Vidhi Udayshankar, Ms. Manyaa Chandok, Ms. Muskaan Gopal, Mr. Gurpreet Singh and Mr. Shivankar Rao, Advocates, for the Respondent-3 & 4

JUDGMENT

V. Kameswar Rao, J. (Oral)--This petition has been filed by the petitioner challenging the order dated September 18, 2019 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (`Tribunal', for short) in the Original Application being OA No.4189/2017 (`OA', for short) whereby the Tribunal has partially allowed the OA and set aside the charge memo dated April 16, 2014 issued to the petitioner with a further direction that the communication dated September 22, 2017 of the Election Commission of India (`Election Commission', for short) shall be treated as the one recommending the disciplinary action against the petitioner herein.

2. The brief facts relevant for the decision of the petition are that the petitioner is working as an Administrative Officer in DDU Hospital under the Govt. of NCT of Delhi, Hari Nagar, New Delhi. On April, 2013, he was posted on deemed deputation with respondent No.3, Election Commission as AERO, Vikas Puri (AC-31), New Delhi and was put on the strength of the respondent No.4, i.e., Chief Electoral Officer, Delhi. He continued to work on the said position till the middle of March, 2014. Thereafter, he continued to work as Electora

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