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VIVEK RUSIA, GAJENDRA SINGH
Senior General Manager (Cellular) Through Its Authorized Officer Mr. Mrugeshkumar Jayantilal Shah & Others – Appellant
Versus
Rajat Singh – Respondent
ORDER
Singh, J. -- 1. This Misc. Petition under Article 227 of the Constitution of India is preferred being aggrieved by the order dated 22.9.2023 in Original Application No.201/00749/2018 by the Central Administrative Tribunal, Jabalpur Bench Circuit Sittings : Indore (Annexure-P/1) whereby setting aside the punishment of removal of respondent from service, the matter has been remitted back to the disciplinary authority for passing the order afresh in accordance with the leave rules seeking following reliefs :--
"This Hon'ble Court be pleased to issue a writ of certiorari to call for the record pertaining to the order passed in O.A. No. 749/2018 passed by Hon'ble Central. Administrative Tribunal Jabalpur Bench Circuit Sitting At Indore, M.P. and after perusal of the same be pleased quash the order dt. 22.9.2023.
Allow this petition with costs.
Any other and further relief, as may be deemed fit may be granted to the petitioner".
2. Facts of the case in brief are that respondent (applicant before the Central Administrative Tribunal) was initially appointed as Junior Telecom Officer in the BSNL in the year 2003. He submitted an application dated 22.1.2007 before Assistant General M
The Court emphasized that while past conduct can influence punishment, it cannot serve as the sole basis for dismissal without it being specifically charged and substantiated.
Judicial review in disciplinary matters is limited; courts cannot reassess evidence or interfere unless findings are arbitrary or unsupported by evidence.
Unauthorized absence from duty must be proven willful to constitute misconduct; penalties must be proportionate to the offense and consider the employee's service record.
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