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2023 Supreme(Del) 3953

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Sandeep Kumar Yadav – Appellant
Versus
GNCT of Delhi – Respondent


Advocates appeared:
Ms. Josmy John, Mr. Setu Niket and Ms. Esha Mazumdar, Advocates, for the Petitioner.
Mrs. Avnish Ahlawat, Standing Counsel with Ms. Tania Ahlawat, Mr. Nitesh Kumar Singh, Ms. Palak Rohmetra, Ms. Laavanya Kaushik and Ms. Aliza Alam, Advocates, for the Respondents.

JUDGMENT

Anoop Kumar Mendiratta, J. The challenge in this petition is to an order dated May 10, 2023 passed by the Central Administrative Tribunal (hereinafter, referred to as the `Tribunal') in O.A. No.259/2022, whereby the Tribunal dismissed the O.A. preferred by the petitioner seeking following reliefs:

    "A. Quash and set aside impugned orders dated 01/09/2021, 29/05/2020 and 19/05/2020;

    B. Direct the Respondents to treat the intervening period between 21/04/2020 and 14/10/2020 as period spent on duty, and award all consequential benefits thereto;

    C. Direct the respondents to pay the deducted salary for the period between 21/04/2020 and 14/10/2020;

    D. In the alternative to prayer B & C, direct the respondents to treat the period between 21/04/2020 and 14/10/2020 against accumulated earned leave for the year 2020 and pay the deducted salary for the period between 21/04/2020 and 14/10/2020; and

    E. Award cost of the proceedings."

2. In brief, a departmental inquiry was initiated against the petitioner under the provisions of Delhi Police (Punishment and Appeal) Rules, 1980 vide office order dated November 11, 2020 for unauthorizedly absenting for a period of about 05 months 22 days, with

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