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2014 Supreme(All) 617

RAJES KUMAR, ASHWANI KUMAR MISHRA
RAJ NATH PRASAD – Appellant
Versus
CENTRAL ADMINISTRATIVE TRIBUNAL, ALLAHABAD BENCH, ALLAHABAD – Respondent


Advocates:
Counsel :
Ramendra Asthana and A.K. Singh for the Petitioner; A.S.G.I., Abhinav Tripathi, Saurabh Srivastava and S.C. for the Respondents.

JUDGMENT

By the Court.—While petitioner was posted as Sub Post Master, post office Ram Nagar, Varanasi in 1995, departmental proceedings were initiated against him under Rule-14 of The Central Civil Services (Classification, Control & Appeal) Rules, 1965 (in short C.C.S. (C.C.A.) Rules, 1965) in connection with unathorise payment of interest against bogus National Saving Certificates. Ultimately, he was removed from service by an order passed on 10.11.1998. Appeal preferred by the petitioner was also rejected on 25.7.1999. The revision filed against it came to be allowed on 3.11.1999. The revisional authority found that the enquiry was vitiated on various grounds and, therefore, by invoking the power vested under Rule-29, the matter was remitted back to the disciplinary authority for conducting denovo enquiry proceedings from the stage of issuance of charge-sheet after removing the defects therein. Consequential orders were passed on 22.11.1999, providing for (i) setting aside the order of removal from service; (ii) further enquiry to be proceeded against the petitioner in accordance with C.C.S. (C.C.A.) Rules, 1965 and; (iii) petitioner was deemed to have been placed under suspensi























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