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2024 Supreme(Online)(CAT) 10823

CENTRAL ADMINISTRATIVE TRIBUNAL
Om Prakash VII, Judicial Member, Mohan Pyare, Administrative Member
Ram Naresh – Appellant
Versus
Union of India – Respondent


Advocates:
For the Appellants/Petitioners: Uma Shankar Singh
For the Respondents: Manoj Kumar Sharma

Table of Content
1. facts of repeated unauthorized absences and disciplinary process. (Para 2)
2. procedural lapses and extraneous past absences argued. (Para 4 , 5 , 6 , 9)
3. respondents defend habitual absence and due process. (Para 7 , 8)
4. court finds non-wilful absence, inquiry flaws, disproportionate penalty. (Para 10 , 11 , 12)
5. orders quashed, reinstatement directed with modified penalty. (Para 13 , 14)

ORDER

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

Present Original Application has been filed by the applicant under section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“(i) To quash the following orders:-

(a)the order dated 4.5.2013 issued by the Disciplinary Authority imposing the penalty of Removal from service.

(b)the order dated 19.6.2013 issued by the Appellate Authority maintaining the order of the Disciplinary Authority.

(c) the order dated 2.1.2014 issued by the Revisionary Authority maintaining the penalty imposed on the applicant.

(ii) To issue orders/ directions to the respondents to reinstate the applicant on the post of Carriage Khalasi where he was working with all consequential benefits and pay the arrears of pay and allowances so accrued wi

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