1998 (8) TMI 639

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....tive Tribunal, Cuttack Bench. As per an order passed by the appellant against the respondent a punishment of compulsory retirement was imposed on him. The Tribunal has, by the impugned order, converted it into reinstatement in service with reduction of pay-scale by one stage without cumulative effect and also decided that the absence of the respondent from duty owing to the punishment should be tr....

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....e on superannuation within the period of two years." 3. The learned Counsel for the appellant-Union of India assailed the said conclusion of the Tribunal and contended that by no stretch of reasoning could the quantum of punishment have been held to be disproportionate or severe, particularly after concurring with the finding of the Inquiry Officer that the respondent has committed breach of....

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....een should have been considered for showing some leniency, according to the learned Counsel. He has also submitted that the respondent's son was ailing with bone cancer and that son has expired lately. According to the learned counsel the maximum difference between sustaining the order of the Tribunal and sustaining the order passed against him by the Government would be a piffling so far as t....