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2024 Supreme(Online)(CAT) 15783

CENTRAL ADMINISTRATIVE TRIBUNAL
Mohan Pyare, Member (A)
Kishan Lal – Appellant
Versus
Union of India – Respondent


Advocates:
For the Appellants/Petitioners: Shri S.M.A Naqvi
For the Respondents: Shri Subhash Chandra Mishra

Table of Content
1. facts of suspension, charges, retirement, and penalty imposition. (Para 2 , 9)
2. applicant's arguments on minor penalty and exoneration. (Para 3 , 4 , 6)
3. respondents' defense of non-qualifying suspension. (Para 5 , 7)
4. rules and oms mandate duty treatment for minor penalties. (Para 10 , 11 , 12 , 14 , 15)
5. set aside order; direct reconsideration of suspension. (Para 16 , 17)

ORDER

Present Original Application has been filed seeking the following relief:-

“(a) To issue a writ, order or direction in the nature of certiorari quashing the respondent’s order dated 11.08.2016 (Annexure A-1)

(b) To issue a writ, order or direction in the nature of Mandamus directing to the respondents to issue the formal order for treating the suspension period with effect from 13.02.2007 to 31.03.2010 as on duty for all purpose.

(c) To issue a writ, order or direction in the nature of Mandamus directing to the respondents to pay terminal benefits/ retirement benefits as per treating the suspension period as on duty & for all the purpose..

(d) Issue any order direction which the Hon’ble Tribunal may deem fit and proper in the circumstances of the case.

(e) Award the cost of petition to the

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