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2007 Supreme(All) 1859

ANJANI KUMAR, SUDHIR AGARWAL
RAJEEV KUMAR TYAGI – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Cases cited :
AIR 2000 SC 411 (Para 9); (1990) 3 SCC 60 (Para 10); AIR 1994 SC 2296 (Para 12)-Referred.

JUDGMENT

By the Court.—The petitioner aggrieved by the order dated 7th May, 2007, passed by Central Administrative Tribunal, Allahabad Bench, Allahabad (hereinafter referred to as Tribunal), whereby Original Application No. 457 of 2007 filed by the petitioner has been disposed of by the Tribunal observing that against the order of suspension the petitioner has remedy of review under Rule 29-A of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as 1965 Rules) and in case such an application is filed, the same shall be decided in accordance with law within a period of three weeks, has approached this Court under Article 226 of the Constitution of India contending that the order of suspension, impugned before the Tribunal, being wholly without jurisdiction, the Tribunal erred in law by declining to consider this aspect of the matter.

2. This writ petition came up before this Court for admission on 21st May, 2007 as a fresh matter. The respondents put in their appearance through Sri Subodh Kumar, learned Counsel filed two counter-affidavits one on behalf of respondents 1 and 2 and another on behalf of respondents 3 and 4, copies whereo

























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