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2015 Supreme(Tri) 274

U.B.SAHA, S.TALAPATRA
Jharna Chakraborty – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the petitioner: Mr. A. Bhowmik
For the respondents: Mr. A. Lodh

ORDER :

S. Talapatra, J.

By means of this petition filed under Article 226 of the Constitution of India, the petitioner has sought judicial review of the judgment and order dated 20.01.2010 delivered in Original Application No.169/2007 by the Central Administrative Tribunal, Guwahati Bench, on the ground that the order passed by the Disciplinary Authority is based on no evidence and there is no evidence of any statutory period within which the amount so collected is to be deposited and as such there is no basis of temporary misappropriation of the fund as alleged.

But, the Central Administrative Tribunal, while passing the impugned judgment and order, has not appreciated those aspects. For purpose of appreciating the challenge, the essential facts may be laid at the outset.

2. The petitioner who filed the Original Application (OA) under Section 19 of the Administrative Tribunals Act, 1985, had challenged the validity of the order dated 01.05.2006 (Annexure-Q) by filing a statutory appeal. The appeal has been dismissed by the appellate authority by the order dated 06.12.2006 (Annexure-O). The petitioner has challenged both the orders of the disciplinary authority and the appellate autho



















































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