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2024 Supreme(Gau) 814

VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Union Of India, Represented By The Secretary To The Govt. Of India, Ministry Of Communications And It, Department Of Post – Appellant
Versus
Dwipendra Nath Sharma, Son of Late Phanindra Sharma – Respondent


Advocates Appeared:
For the Petitioners: Mr. R.K.D. Chhoudhury, Dy. SGI, Ms. L. Devi.
For the Respondent: Mr. S. Dutta.

JUDGMENT :

(Vijay Bishnoi, J.)

1. Heard Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India appearing on behalf of the petitioners, and Mr. S. Dutta, learned counsel appearing for the sole respondent.

2. This writ petition is filed by the petitioners being aggrieved with the order dated 07.11.2017, passed by the learned Central Administrative Tribunal (CAT), Guwahati Bench, Guwahati, in O.A. No. 040/00295/2015. By the said order, the Original Application filed by the applicant/respondent herein has been allowed and the Memorandum of Charge dated 20.02.2015 has been set aside, while concluding that the Memorandum of Charge was served upon the respondent after inordinate delay of four years. In the aforesaid order it is also observed that no satisfactory explanation was given for the aforesaid delay; no action for cancellation of the related appointments was taken; the Charge Memo was served upon the respondent only four days before the retirement of the applicant/respondent herein and the omission and commission stated in the charge sheet being procedural in nature. The operative portion of the impugned order is reproduced hereunder:

    “7. In our considered opinion, in vie

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