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W.P.(C).7604/2015
JUDGMENT
Tlirough : Mr. Saurabh Chadda, Advocate
Through : Mr. SourabhAhuja, Advocate
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J {ORAL)
1. Challenge in this writ petition is to the order dated 7.11.2014 passed by Central Administrative Tribunal (hereinafter referred to as the ''Tribunar) inO.A.No.4241/2012.
2. The Director of Education had passed an order dated 11.01.2011, the operative portion ofwhich is as under: "Now therefore I P. Krishnamurthy, Director ofEducation, being the disciplinary authority in exercise of powers conferred upon me under Rule 12 of CCS/CCA Rules 1965 hereby impose the penalty ofreduction to two lower stages in the time scale ofpay for a period of oneyearupon Smt. NishaRani, PET, with further directions that she will not earn increments of pay during this period and after the expiry of the period, the reduction will have the effect of postponing the future increments of her pay. The entire period of her unauthorized absence be treated as dies-non without break in sei-vice."
3. Aggrieved by the aforesaid order, the respondent approached the Tribunal by filing an OA, which was decided by the Tribunal. The following directions were issued: W.P.(C) No. 7604/2015 2015:DHC:11412-DB
4. The grievance of the petitioner is that though the Tribunal has noticed the OM relied upon by the petitioner yet directions contraiy to the OM have been passed. On the other hand, the learned counsel for the respondent submits that a complete reading of the order would show that the order was passed with the consent of the parties, which is evident from the fact that detailed submissions made by the parties havenot beennoticed.
5. We have heard the learned counsel for the parties. Although the impugned order does not show that there was any settlement, but we find that none of the submissions, which is sought to be urged by the parties before us, is reflected in the impugned order. Resultantly, we deem it appropriate to remand thematter back to the Tribunal for a fresh hearing.
6. Parties to appear before the Tribunal on 04.11.2015.
7. The writ petition is disposed of in above terms. CM.APPL 14717/2015rstav^
8. Application stand disposed of in view of the order passed in the writ petition. G.S.SISTAM,,!, DHINGRA SEHGAL, J OCTOBER 12, 2015 pst