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2024 Supreme(Jhk) 43

SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA
Director, CSIR-CIMFR [Central Institute of Mining and Fuel Research] – Appellant
Versus
Mayuresh Dash, S/o. Sri Rabindra Kumar Dash – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Abhay Prakash, Advocate
For the Respondent: Mr. Mayuresh Dash, In Person

JUDGMENT :

Sujit Narayan Prasad, J.

1. This writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the order dated 15.12.2022 passed by the Circuit Bench of Central Administrative Tribunal, Patna Bench at Ranchi (hereinafter referred to as CAT, Ranchi) in Original Application being O.A. No.051/00269/2021, whereby, the order dated 26.02.2021 as contained in letter no.8/3489/19-Estt-I/987, by which, the service of the petitioner, respondent no.1 herein, has been terminated as also the direction sought for confirmation of the applicant, who is the respondent no.1 in the list. The Tribunal has quashed the aforesaid impugned order and the service of the applicant, respondent no.1 herein was restored to the status as existing on 25.03.2021 prior to termination.

2. The brief facts as per the pleading made in the original application, as has been interpreted in the instant petition, read as under:-

3. It is the case of the applicant/respondent no.1 that the applicant was appointed to the post of Technical Assistant/GR III in CSIR-Central Institute of Mining and Fuel Research (CIMFR) vide order dated 25.07.2019. The appointment offer stipulated that applicant w

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