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CENTRAL ADMINISTRATIVE TRIBUNAL
Om Prakash VII, Member (Judicial), Mohan Pyare, Member (Administrative)
Laeq Ali Khan – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. details of relief sought and factual background of transfer and penalty. (Para 2 , 3) |
| 2. rival arguments on transfer validity and disciplinary proceedings. (Para 5 , 6) |
| 3. review of prior judgments on transfer challenges and absences. (Para 7 , 8 , 9 , 10) |
| 4. jurisdiction of disciplinary authority post-transfer upheld. (Para 11 , 12) |
| 5. quash penalty; regularize absence as duty without back wages. (Para 13 , 14 , 15) |
ORDER
(Delivered by Hon’ble Mr. Justice Om Prakash VII, Member (Judicial)
Shri S K Pandey, learned counsel for the applicant and Ms. Rachna Dubey, learned counsel for the respondents, were present at the time of hearing.
2. The instant original application has been filed seeking following relief:
“(i) issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 12.06.2009 and 15.01.2010 (Annexure A-1 & A-2).
(ii) issue a writ, order of direction in the nature of Mandamus directing the respondents to treat the period from 02.04.2003 to 12.01.2006 on duty with all consequential benefits as if no penalty was ever imposed upon the applicant.
(iii) issue any other writ, order or direction which this Hon’ble Tribunal may deem fit an
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