15. It was submitted that in B.V. Gopinath vs. Union of India (supra)
when the case was decided by this Tribunal on 05.02.2009 in OA
No.800/2008, this Tribunal had granted liberty to the respondents for
taking appropriate action to rectify the defects and issuance of Charge-
Sheets in accordance with law. When that order of the Tribunal was
upheld by the Supreme Court vide its order dated 05.09.2013, the
Hon'ble Finance Minister had on 08.01.2014 approved for continuation of
the DE proceedings from the stage at which those proceedings stood, and
the charge sheet earlier issued on 06.11.2006 was treated as dropped. It
was denied that the applicant was not facing any DE proceedings prior to
8th January, 2014. It was submitted that there was only a technical
issue in the earlier charge sheet, which was rectified by getting the earlier
charge sheet itself approved by the Hon'ble Finance Minister, as
permitted by this Tribunal's order dated 05.02.2009, and after such
approval, the new charge sheet was issued in its place. There was no
change in its substance, and further directions had been obtained to
continue the DE proceedings from the stage where the earlier DE had
reached. It was, therefore, submitted that there is no merit in the OA,
and it deserves to be dismissed.