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2025 Supreme(Online)(CAT) 12324

CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Manish Garg, J, Mr. Rajinder Kashyap, A
SUSHIL KUMAR (MALI) – Appellant
Versus
New Delhi Municipal Council – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Rajesh Chauhan
For the Respondents: Mr. Vaibhav Agnihotri, Mr. Ankit Singh

Table of Content
1. grounds for removal due to alleged misconduct. (Para 1 , 2)
2. distinction in convictions and the consequences on disciplinary actions. (Para 3)
3. due process in disciplinary proceedings protected by constitutional mandates. (Para 7)
4. reinstatement orders based on procedural violations and prior acquittal. (Para 8)

ORDER

Hon’ble Mr. Manish Garg, Member (J) :

In the present Original Application, the applicant has prayed for the following reliefs:

“a) To set aside the order bearing No.127/PB/F.No.174/Vig./Imp/IOVII(s)/2018 dated 05.09.2018 passed by the respondent No.3 (Disciplinary Authority/Secretary, New Delhi Municipal Council, Palika Kendra, New Delhi) whereby the services of the applicant has been removed.

b) To set aside the order bearing No.175/PB/F.No.174/Vig./Imp/IOVII(s)/2018 dated 26.12.2018 passed by the respondent No.2 (Chairman/Appellate Authority, New Delhi Municipal Council, Palika Kendra, New Delhi) whereby the appeal of the applicant which was filed by him against the order bearing No.127/PB/F.No.174/Vig./Imp/IOV-II(s)/2018 dated 05.09.2018 passed by the respondent No.3 has been dismissed by the respondent No.2.

c) To restore the services of the appli

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