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2024 Supreme(Online)(CAT) 4602

CENTRAL ADMINISTRATIVE TRIBUNAL
Om Prakash VII, Judicial Member, Mohan Pyare, Administrative Member
Santosh Kumar Srivastava – Appellant
Versus
Union of India – Respondent


Advocates:
For the Appellants/Petitioners: Shri Santosh Kumar Kushwaha
For the Respondents: Shri Ajay Kumar Rai

Table of Content
1. applicant challenges second charge sheet and penalties on loan forgery. (Para 2 , 3)
2. parties dispute validity of successive proceedings and repayments. (Para 4 , 5)
3. charge memos identical, violating rules against repeat inquiries. (Para 6 , 7 , 8)
4. precedents prohibit second action as double jeopardy under art.20(2). (Para 9 , 10)
5. impugned orders quashed, service restored with benefits. (Para 11 , 12)

ORDER

By Hon’ble Mr. Mohan Pyare, Member (Administrative):

Shri Santosh Kumar Kushwaha, learned counsel for the applicant and Shri Ajay Kumar Rai, learned counsel for the respondents are present.

2. By means of this OA, the applicant has sought the following reliefs :

“(i) The Hon'ble Tribunal may graciously be pleased to quash and set aside the impugned second charge sheet dated 16.7.2008 issued by DOM- II, North Eastern Railway, Varanasi (Disciplinary Authority) (Annexure A-1) , Inquiry Report dated 19.1.2009 communicated vide letter dated 29.1.2009 (Annexure A-2), Order of removal from service passed by DOM -II/NER/ Varanasi vide NIP dated 28.4.2009 ( Annexure A-3), appellate order passed vide letter dated 5.10.2009 passed by Sr. DOM, N. E. Railway, Varanasi (A

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