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2024 Supreme(Online)(CAT) 15363

CENTRAL ADMINISTRATIVE TRIBUNAL
R.N. Singh, Judicial Member, Tarun Shridhar, Administrative Member
Neelesh Shah – Appellant
Versus
NBCC (India) Limited – Respondent


Advocates:
For the Appellants/Petitioners: Sh. Ajit Singh Joher with Sh. Chirag Sharma
For the Respondents: Sh. Soumyajit Pani

Table of Content
1. challenge to post-retirement supplementary charge-sheet and de novo inquiry. (Para 1 , 2 , 3 , 4)
2. respondents defend as continuation of pre-retirement proceedings. (Para 5 , 6)
3. follows prior identical ruling quashing proceedings. (Para 7 , 8)
4. proceedings vitiated; quashed with liberty for lawful re-initiation. (Para 9 , 10)

ORDER (ORAL)

Hon’ble Mr. Tarun Shridhar, Member (A)

The applicant herein has retired as Director (Project) from National Buildings Construction Corporation (NBCC). He was subjected to a disciplinary inquiry under Rule 8 of the NBCC Disciplinary Rules. On 22.04.2022, the Inquiry Officer submitted the inquiry report for consideration of the disciplinary authority. However, the disciplinary authority did not accept the inquiry report on account of requirement of some further investigation into the lapse said to be attributed to the applicant and took a decision to serve a supplementary charge sheet to the Charged Officer, i.e., the present applicant. The decision with respect to issuance of supplementary charge sheet is set to have been taken on the advice of CVC. The disciplinary authority directed the Inquiry Officer to conduct the inquiry "

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