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2024 Supreme(Online)(CAT) 17878

CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Om Prakash VII, J, Mr. Mohan Pyare, A
Upendra Kumar – Appellant
Versus
Union of India through General Manager Head Quarter, North Central Railway – Respondent


Advocates:
For the Appellants/Petitioners: Shri S M Ali
For the Respondents: Shri Vijay Kumar Singh

Table of Content
1. applicant seeks to quash removal from service. (Para 2 , 3)
2. discussion on the legality of the disciplinary process. (Para 4 , 5)
3. emphasis on compliance with procedural fairness. (Para 6 , 10 , 11)
4. court's decision to allow the application based on procedural failures. (Para 8 , 9 , 12)
5. final ruling directing reinstatement without back wages. (Para 13)

ORDER

(Delivered by Hon’ble Mr. Justice Om Prakash VII, Member (J)

Shri SM Ali, learned counsel for the applicant and Shri Vijay Kumar Singh, learned counsel for the respondents, were present at the time of hearing.

2. The instant original application has been filed seeking following reliefs:

i. to quash the impugned order dated 19.03.2014 (removal from service), appellate order dated 7.7.2014, revision order dated 04.05.2016 and misc. order dated 20.02.2018 (Annexure no. A-1, A-2, A-3 and A-4)

ii. to reinstate the applicant in service alongwith back wages with all other consequential benefits including seniority etc.

iii. to issue any such other and further order or direction which this Hon’ble Court may deem fit and proper under the circumstances of the case.

iv. to issue award cost and compensation in favour of t

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