UNION OF INDIA Vs. MIHIR KUMAR BANDOPADHYAY
SUPREME COURT OF INDIA
UNION OF INDIA
Mihir Kumar Bandopadhyay
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(1.)The appellants have impugned the decision of the Central Administrative Tribunal rejecting the application for review filed by the appellants. The issue involved in the proceedings before the Tribunal related to the promotion of the respondent to a vacancy in selection grade in January 1991.
(2.)The respondent was appointed as an Income Tax Officer in 1972. A charge-sheet was issued against him on 27-2-1989. The departmental enquiry was duly concluded and the result was that the respondent was found guilty and awarded the punishment of censure by an order dated 4-12-1991.
(3.)In the meanwhile, the vacancy in the selection grade became available. The respondent filed an application before the Tribunal contending that he was entitled to the vacancy and that a person who was junior to him had been so promoted by ignoring the seniority of the respondent. The application of the respondent was disposed of by an order dated 31-5-1993 in which the Tribunal recorded the fact that the departmental enquiry which had been pending at the time of the question of promotion to the vacancy arose, had resulted in the minor penalty of censure.
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