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2023 Supreme(All) 804

SUNEET KUMAR, RAJENDRA KUMAR IV
Union Of India – Appellant
Versus
Manoj Pal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Anupam Kumar
For the Respondent: Pawnesh Tiwari, Dr. D.K. Tiwari

JUDGMENT :

Suneet Kumar, J.

1. Heard learned counsel for the petitioner and Shri V.K. Tiwari, learned counsel for the original applicant.

2. Petitioner-Union of India/Department of Post Office, by the instant writ petition, is challenging the order dated 10 November 2023, passed by the Central Administrative Tribunal, Allahabad (Tribunal), whereby, the impugned suspension order before the Tribunal suspending the first respondent came to be set aside for the reason that Sub-rule (6) of Rule 10 of Central Civil Services (Classification, Control and Appeal) Rules 1965 (Rules 1965), was not complied. The operative portion of the order reads thus:

    "24. Since the suspension order passed on 25.11.2019 was not extended within the expiry of 90 days by way of a formal order thus clearly contradicting the laid down procedures under Rule 6 and 7 of the CCS (CCA) Rules 1965, subsequent extension of the suspension order after expiry of the 90 days will not validate it as mere issuing of minutes of the review meeting cannot be treated as a formal order of the extension of suspension order passed at initial state. For this simple reason and considering the law laid down by the Hon'ble Apex Cour

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