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AJAY KUMAR CHOUDHARY – Appellant
Versus
UNION OF INDIA THROUGH ITS SECRETARY – Respondent
JUDGMENT
VIKRAMAJIT SEN, J.
Leave granted.
2. The Appellant assails his suspension which was effected on 30.9.2011 and has been extended and continued ever since. In November, 2006, he was posted as the Defence Estate Officer (DEO) Kashmir Circle, Jammu & Kashmir. During this tenure it was discovered that a large portion of the land owned by the Union of India and held by the Director General Defence Estates had not been mutated/noted in the Revenue records as Defence Lands. The Appellant alleges that between 2008 and 2009, Office-notes were prepared by his staff, namely, Shri Vijay Kumar, SDO-II, Smt. Amarjit Kaur, SDO-III, Shri Abdul Sayoom Technical Assistant, and Shri Noor Mohd., LDC, that approximately four acres of land were not Defence Lands, but were private lands in respect of which NOCs could be issued. These NOCs were accordingly issued by the Appellant. Thereafter, on 3.4.2010, the Appellant was transferred to Ambala Cantt. However, vide letter dated 25.1.2011 the Appellant was asked to give his explanation for issuing the factually incorrect NOCs. In his reply the Appellant admitted his mistake, denied any mala fides in issuing the NOCs, and attributed the issuance of the
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