LAWS(SC)-2013-11-51

UNION OF INDIA Vs. ASHOK KUMAR AGGARWAL

Decided On November 22, 2013
UNION OF INDIA Appellant
V/S
ASHOK KUMAR AGGARWAL Respondents

JUDGEMENT

(1.) This appeal has been preferred by the Union of India against the judgment and order dated 17.9.2012, passed by the High Court of Delhi at New Delhi in Writ Petition (Civil) No.5247 of 2012 affirming the judgment and order dated 1.6.2012, passed by the Central Administrative Tribunal, New Delhi (hereinafter referred to as the 'Tribunal') in OA No.495 of 2012 filed by the respondent by which and whereunder the Tribunal has quashed the suspension order passed by the appellants.

(2.) Facts and circumstances giving rise to this appeal are:

(3.) Ms. Indira Jaising, learned Additional Solicitor General appearing for the appellants has submitted that though the respondent had been under suspension for 14 years but in view of the gravity of the charges against him in the disciplinary proceedings as well as in the criminal cases, no interference was warranted by the Tribunal or the High Court. In spite of the fact that the charges were framed against the respondent and the domestic enquiry stood completed and very serious charges stood proved against the respondent, no punishment order could be passed by the disciplinary authority in view of the fact that the charge sheet itself has been quashed by the Tribunal on the ground that it had not been approved by the disciplinary authority and in respect of the same, the matter had come to this Court and as explained hereinabove, has impliedly been decided in favour of the respondent vide judgment and order dated 5.9.2013.