TMI Blog2017 (4) TMI 1411X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the Department were not at fault and they were not punished, and accordingly the disciplinary proceedings on the same set of charges was quashed. The Apex Court had declined to interfere with the order passed by the Tribunal and that by the Delhi High Court. The Central Administrative Tribunal in the impugned order may not have dealt the matter in detail but the net result would be same. Petition dismissed. - Writ - A Nos. 17153-17154 of 2017 - - - Dated:- 25-4-2017 - Vikram Nath and Daya Shankar Tripathi, JJ. Shri Suresh C. Dwivedi and M.C. Chaturvedi, Counsels, for the Petitioner. Shri Ravindra Narayan Singh, Manoj Kumar Singh and Lal Mani Singh, Counsels, for the Respondent. ORDER Heard Sri M.C. Chaturve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owed all the five connected appeals and other miscellaneous applications including the two appeals filed by the two respondents in these two petitions. The Appellate Tribunal recorded specific finding with regard to all the four charges levelled against the respondents in the charge-sheet and held them to be unsustainable. The penalty imposed against the two respondents has also been quashed. With regard to drawback, the matter was remanded to the Disbursing Authority on the basis of the actual export and on the basis of actual foreign exchange realized as per the provision of law. 4. The said order of the Appellate Tribunal dated 6-10-2016 was filed before the Central Administrative Tribunal. Passing of the said order by the Appellate T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dication Order and subsequently in the Appellate Tribunal s order dated 6-10-2016. Once all the four charges were found to be unsustainable by the Appellate Tribunal, nothing remained to be enquired into in departmental proceedings, as before the Appellate Tribunal, the Department was duly represented and had been heard. 7. Further reliance was placed upon an order of the CAT, Principal Bench, Delhi dated 7th August, 2000 passed in O.A. No. 2862 of 1997, R.D. Gupta v. Union of India and 3 Others. Against the said order of the Tribunal of the Principal Bench, writ petition was filed before the Delhi High Court registered as CWP No. 876 of 2001 by the Union of India, which was dismissed and further the Union of India took the matter to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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