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1998 Supreme(SC) 732

G.B.PATTANAIK, S.SAGHIR AHMAD
Union Of India – Appellant
Versus
Dinanath Shantaram Karekar – Respondent


Judgment

S. Saghir Ahmad, J.-The original respondent, Dinanath Shantaram Karekar, who died during the pendency of the proceedings before the Central Administrative Tribunal, Bombay and has since been replaced by the present respondents, was appointed as unskilled labour in the Naval Armament Depot, Bombay. He was subsequently promoted to the post of Gun Repair Labourer, Grade-I. On 25th October, 1973, he was de­clared quasi-permanent on that post with effect from 1.8.1966. He was, however, removed from service by order dated 19th August, 1985 after regular departmental enquiry. This order was upheld in the Departmental appeal. The order of removal as also the appellate order was challenged by him before the Tribunal on the grounds, inter alia, that neither the charge sheet nor the show-cause notice were ever served upon him and, therefore, the entire proceedings are vitiated. The Tribunal has found that the charge sheet which was issued to him by registered post was returned with the postal endorsement “not found”, while the show-cause notice was published straight­away in Dainiki Sagar, Navshakti. The Tribunal found the service of the charge-sheet and the show cause notice on the














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