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2024 Supreme(Online)(CAT) 15359

CENTRAL ADMINISTRATIVE TRIBUNAL
M.S.Latif, Judicial Member
Arshid Hussain Ahangar – Appellant
Versus
Chief Electoral Officer, Union Territory of Jammu and Kashmir – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Sheikh Mushtaq
For the Respondents: Mr. Waseem Gul, GA

Table of Content
1. facts of patwari's appointment, transfer, additional election duties, and suspension for poor performance. (Para 2 , 3)
2. applicant's arguments on lack of jurisdiction, no deputation, violation of rule 31. (Para 4 , 5 , 7)
3. respondents' defense via election control powers under s.28a rpa and memoranda. (Para 6)
4. suspension not punishment; no prior hearing needed; appointing authority's power. (Para 8 , 9 , 10 , 11)
5. no malice proven; direct review of suspension within four weeks. (Para 12 , 13 , 14)

ORDER

Per Hon’ble Mr. M.S.Latif, Member (Judl.) :-

The applicant challenges the order impugned bearing no. CEO/Estt./2024/191 dated 05.04.2024, the same being illegal, bad in law, without jurisdiction and also not in accordance with the mandate of Rule 31 of the Classification, Control and Appeal Rules, 1956.

2. The case of the applicant, as projected by him in the instant OA, is that he was appointed as Patwari by the competent authority in the year 2014 pursuant to a valid selection process. The applicant vide order no. 65-DCS of 2022 dated 07.03.2022 came to be transferred/posted as Patwari Halqa Chatterhama, Tehsil North Srinagar. He was also directed to hold a

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