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CASE NO.:

Appeal (civil) 5007 of 2003

Appeal (civil) 5008 of 2003

PETITIONER:

Union of India

Union of India and Ors.

RESPONDENT:

Vs.

Rajiv Kumar

Bani Singh

DATE OF JUDGMENT: 18/07/2003

BENCH:

DORAISWAMY RAJU & ARIJIT PASAYAT.

JUDGMENT:

J U D G M E N T

WITH

(Arising out of SLP(C) No. 4491 of 2003)

(Arising out of SLP(C) 12703/2003 (CC.5872/2003)

ARIJIT PASAYAT,J

Delay condoned in SLP(C)........./2003 (CC 5872/2003).

Leave granted.

The basic issue in these two appeals relates to the

scope and ambit of Sub-Rule (2) of Rule 10 of the Central

Civil Services (Classification, Control and Appeal) Rules,

1965 (in short the ’Rules’) vis-Ã -vis other provisions of

the said Rule.

Division Bench of the Delhi High Court by the impugned

judgment in each case held that Sub-Rule (2) of Rule 10 does

not contain any provision wherefrom it can be deduced that

the deemed suspension for custodial detention exceeding

forty eight hours woul