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ALTAMAS KABIR, S. S. NIJJAR, J. CHELAMESWAR
PRADIP KUMAR – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT
Surinder Singh Nijjar, J.-Leave granted in both the special leave petitions.
2. Bythis common order, we propose to dispose of the aforesaid two appeals as they are both directed against the same judgment delivered by the High Court of Delhi in Writ Petition [C] No.98 of 2011 decided on 27th July, 2012. Appeal arising out of Special Leave Petition No.34671 of 2012 has been filed by the Union of India challenging the judgment on various legal grounds. By the aforesaid judgment the High Court has set aside the order passed by the Central Administrative Tribunal [hereinafter referred to as the “CAT’] Principal Bench, New Delhi, dismissing OA No.3544 of 2009 on 9th December, 2010 whereby the respondent was discharged from service. Appeal arising out of Special Leave Petition No.27821 of 2012 has been filed by Pradip Kumar challenging the judgment of the High Court, in so far as the said judgment limits the relief granted to him only to the extent of quashing of the order passed by the CAT and the order dated 20th November, 2009, whereby he was discharged from service as Member [Judicial] in the Customs Excise and Service Tax Appellate Tribunal [“the CESTAT”].
3. We will firstl
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