LAWS(GJH)-2013-7-385

UNION OF INDIA Vs. YAGNESHWARAN RAMASWAMY IYER

Decided On July 30, 2013
UNION OF INDIA Appellant
V/S
Yagneshwaran Ramaswamy Iyer Respondents

JUDGEMENT

(1.) WE have heard Mr.R.J.Oza, learned Senior Counsel assisted by Mr.Hriday Buch, learned advocate for the petitioners and Mr.B.C.Macwana, learned advocate for the respondent.

(2.) THIS petition has been filed challenging the judgment dated 13.4.2012 passed by the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad (for short the 'CAT') in O.A. No.129 of 2011, whereby the Tribunal partly allowed the O.A. and directed the respondents to reconsider the whole matter afresh in the light of the judgment of the Hon'ble Supreme Court in S.K.Kapoor's case.

(3.) BEFORE the Tribunal, the respondent urged that serious prejudice was caused to him as he was deprived from making effective representation on the advise given by the Commission and the punishment was awarded to the respondent on the basis of the opinion of the Commission. The opinion given by the Commission is extracted below :