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2023 Supreme(Del) 5279

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Ramakrishna Dutta – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Dinesh S. Badiar, Mr. Ujjwal Kumar and Ms. Renu Mishra, Advocates, for the Petitioner.
Mr. Ravi Prakash, CGSC with Mr. Farman Ali, Ms. Usha Jamnal and Ms. Astu Khandelwal, Advocates, for the Respondents.

JUDGMENT

V. Kameswar Rao, J. - This petition has been filed challenging the order dated May 31, 2019 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, (`Tribunal', for short) in Original Application (OA) Nos.252/2016, 532/2016, 2739/2016 and Review Application (RA) No.50/2019 in OA No.2739/2016. OA No.252/2016 was filed to set aside the order of penalty dated October 23, 2015, OA No.532/2016 was filed against the order dated November 20, 2015, whereby the petitioner's salary has been stopped from January 2015. OA No.2739/2016 was filed to set aside the order of dismissal dated February 4, 2016. The Tribunal has decided the above OAs by a common order which has been impugned in this writ petition.

2. The petitioner was appointed as Stenographer Grade-III on October 8, 1993. He was promoted as Stenographer Grade-II and subsequently as Stenographer Grade-I. On March 24, 2014, he was granted 2nd Modified Assured Career Progression Scheme (`MACP', hereinafter) on completion of more than 20 years of continuous service. He participated in the departmental examination for promotion to the grade of Inspector held in 1998 and qualified the same. However, while his juni

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