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2015 Supreme(All) 883

ARUN TANDON, SHASHI KANT
UNION OF INDIA – Appellant
Versus
AJAI KUMAR ARORA – Respondent


Advocates:
Counsel :
B.K. Singh Raghuvanshi for the Petitioners; S.C. and Shambhu Chopra for the Respondents.

JUDGMENT

By the Court.—This writ petition is directed against the judgment and order of the Central Administrative Tribunal, Delhi passed in Original Application No. 1343 of 2012 dated 15.10.2014.

2. Facts in short leading to the writ petition are as follows :

Ajai Kumar Arora, respondent No. 1 to the writ petition was employed as Superintendent, Custom and Central Excise at Inland Container Depot (ICD), Moradabad. He was proceeded with departmentally for various acts and omissions, which according the department amounted to misconduct by issuance of a charge-sheet dated 29.8.2005. Assistant Commissioner, who conducted the departmental enquiry after following the procedure prescribed in the matter of conduct of such enquiry, submitted his enquiry report to the Disciplinary Authority on 16.6.2009. Four charges were levelled against the petitioner and in respect of charges No. 1, 3 and 4, the Enquiry Officer found that the charges have not been brought home but so far as charge No. 2 is concerned, the finding returned by the Enquiry Officer reads as follows :

“Second Charge (para 2 of Annexure-II) is that Shri A.K.Arora, Superintendent had in an unauthorized manner allowed the factory






















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