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2002 Supreme(MP) 712

S.L.JAIN, BHAWANI SINGH
Union of India – Appellant
Versus
V. K. Girdonia – Respondent


Advocates Appeared:
P.C.PALIVAL, SUJOY PAUL,

Judgment

( 1. ) THROUGH this writ petition under Articles 226/227 of the Constitution of India, the petitioners have challenged the order of the Central Administrative Tribunal, Jabalpur Bench, (CAT), dated February 15, 2002, passed in O. A. No. 236/1997, whereby the order of dismissal of the respondent No. 1 (respondent hereafter) dated June 25, 1996, is quashed and the petitioners have been directed to disburse 50% of wages to respondent from May 31, 1984, till the date of his reinstatement in service, apart from granting him notional seniority in the grade with reference to his immediate senior and other benefits like promotion etc.

( 2. ) SHORTLY stated, the respondent was Extra Departmental Branch Post Master (edbpm ). The departmental enquiry was initiated against him, which resulted in his termination by order dated 25-6-1996. The grievance of the respondent has been that he was not paid subsistence allowance during put-off duty period, before his services were terminated and that despite acquittal by the Criminal Court in respect of same set of charges, departmental enquiry could not be initiated, therefore, penalty of removal from service could not be imposed. With this grie





















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