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2019 Supreme(Gau) 365

NELSON SAILO
Rishi Gupta – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. C. Lalramzauva, Mr. A.R. Malhotra, Ms. Vanlalhriati, Mr. H. Lalramhluna.
For the Respondent: Ms. Zairemsangpuii.

JUDGMENT :

Nelson Sailo, J.

1. Heard Mr. A.R. Malhotra, the learned counsel for the petitioner and Ms. Zairemsangpuii, learned CGC for all the respondents.

2. By filing this writ petition, the petitioner has challenged the Order dated 30.08.2016 (Annexure-5) and the Order dated 09.01.2018 (Annexure-8), whereby a penalty of withholding of one increment of pay for one year has been imposed upon the petitioner and the review petition preferred against the said orders was rejected respectively.

3. Brief facts of the case as projected by the petitioner may be narrated at the outset.

4. The petitioner on being selected by the UPSC for the post of Civilian Officer Class-I (Group A) under the Border Roads Organization (BRO), the Border Roads Development Board (BRDB) appointed him as such and he joined the post w.e.f. 16.07.2002 as AEE (Civil). Subsequently, he was promoted to the post of Executive Engineer (Civil) w.e.f. 18.08.2010.

5. For the period w.e.f. August, 2010 to September, 2013, the petitioner was posted as the Officer Commanding 112 RCC (GREF). The respondent No. 4 on assuming the charge and command of Project Setuk, as Chief Engineer, detailed an inspection team to find out the deta

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