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2024 Supreme(Online)(CAT) 16848

CENTRAL ADMINISTRATIVE TRIBUNAL
Pratima K. Gupta, J, Rajinder Kashyap, A
Sunil Kumar – Appellant
Versus
New Delhi Municipal Council – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Surinder Kumar Bhasin
For the Respondents: Mr. Vaibhav Agnihotri

Table of Content
1. charges against employee must be justified and actionable. (Para 1 , 2)
2. natural justice principles must be upheld in disciplinary proceedings. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11)
3. insufficient evidence for misconduct leads to case dismissal. (Para 12)
4. decision orders reinstatement with conditions. (Para 13)

ORDER (ORAL)

Hon’ble Mrs. Pratima K. Gupta, Member (J):-

The applicant while working as Safai Karamchari with the respondents was served with a Charge Sheet on 08.09.2017, along with the article of charges and the list of witnesses. An Inquiry Officer was appointed, who submitted his report on 20.12.2018. The applicant was extended an opportunity to file his reply to the same. However, he did not do so. Accordingly, the Disciplinary Authority by relying upon the report of the Inquiry Officer inflicted the applicant with a penalty of dismissal vide order dated 24.06.2019 which has been confirmed by the Appellate Authority vide its order dated 04.08.2020. Aggrieved by the same, the applicant has filed the present O.A. seeking the following relief(s):-

“i) Call for the relevant file(s)/record(s) of the Respondents and peruse the same;

ii) Quash and Set asi

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