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2024 Supreme(Online)(CAT) 14401

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


Advocates:
For the Appellants/Petitioners: Shri Ankush Tandon
For the Respondents: Shri Vinod Kumar Pandey

Table of Content
1. facts of compassionate appointment and suppression (Para 2)
2. trivial fine does not justify termination (Para 4 , 6)
3. false declaration mandates termination per dopt om (Para 5)
4. suppression requires objective consideration per pawan kumar (Para 8)
5. compassionate probation is regular, not temporary (Para 9)
6. quash termination for trivial suppression (Para 10 , 11 , 12)

ORDER

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

Present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

“i) Quash the impugned order dated 21.12.2022 passed by respondent no.2 (Joint Commissioner (P&V) CGST & CEX Commissionerate) whereby the services of the applicant stood terminated w.e.f. the date of expiry of a period of one month, from the date on which the notice is served on the applicant and the order dated 20.01.2023 issued by respondent no.2 (Joint Commissioner (P&V) CGST & CEX Commissionerate) whereby the services of the applicant were terminated w.e.f. 22.01.2023.”

2. The brief facts of this case are the applicant joined the department on 23.04.2021 on compassionate ground as Tax Assistant in the office of CGST & C

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