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2024 Supreme(Online)(CAT) 13919

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder S Dogra, Judicial Member, Ram Mohan Johri, Administrative Member
Pervez Ahmed Zargar – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Faheem Shokat Butt
For the Respondents: Mr. Hunar Gupta, DAG

Table of Content
1. factual background of impugned promotion withholding order. (Para 1 , 2)
2. applicant's arguments on cca rules 33 & 35 violations. (Para 3 , 4)
3. respondents defend inquiry findings and appeal availability. (Para 5)
4. non-compliance with rule 33 inquiry procedure invalidates punishment. (Para 6 , 7)
5. mandatory rule 35 representation opportunity not provided. (Para 8)
6. insufficient evidence and disproportionate indefinite punishment. (Para 9)
7. impugned order quashed for procedural irregularities. (Para 10)

ORDER 

(Delivered by Hon’ble Mr. Rajinder Singh Dogra, Member-J)

1. Being aggrieved of order impugned bearing No.33-FC Revenue of 2020 dated 03.02.2020 issued by order of Financial Commissioner Revenue (J&K) based upon enquiry report dated 08.12.2016 submitted by Additional Deputy Commissioner (District Vigilance Officer), Doda to the State Vigilance Commission on the basis of which the penalty of withholding promotion has been imposed upon the applicant, he approached this Tribunal seeking quashment of impugned orders.

2. The applicant thus invoked the jurisdiction of this Tribunal. The respondents also filed their reply/objections and to which the applicant file

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