State Of Uttar Pradesh vs Brahma Datt Sharma And Anr on 25 February, 1987
." The respondents have mentione
mentioned
d that all such cases are still
pending with the disciplinary authority.
5.3 It is further contended by the respondents that BSNL
Corporate office dealing with casual labours' misconduct of forged
documents in securing employment had deliberated with Vigilance
Branch as well and conveyed vide letter dated 16.04.2018 that the
case may be dealt as per para 3 of the terms and conditions of their
appoin
appointment
tment order dated 20.09.2002 and the said letter was
forwarded by Circle Office vide letter dated 26.04.2018 to concerned
SSA heads for necessary action. But before any action is taken
applicants approached this Tribunal and the Tribunal granted interim
stay
ay order on the letter dated 13.04.2018 and 16.04.2018 of BSNL
Corporate office. Hence, the respondents have submitted that the
matter may be treated as premature and prayed for dismissal of the
OA. The learned counsel for respondents cited the judgments off
Hon'ble Supreme Court in the case of (i) State of UP Vs. Brahm Dutt
Sharma and Another [ (1987) 2 SCC 179], (ii) Executive Engineer,
Bihar State Housing Board Vs. Ramesh Kumar Singh & Others
[(1996) 1 SCC 327], (iii) UOI Vs. Kunisetty Satyanarayan [ AIR(SC)
IR(SC)
2007 906], (iv) Special Director and Another Vs. Mohd.
GhulamGhouse and Another [ (2004) 3 SCC 5440] and order dated
01.09.2014 of Hon'ble Patna High Court dated in CWJC No. 18912
of 2011 and Ors. and order dated 16.04.2003 in the matter of The
State
te of Bihar &Ors. Vs. Md. Asif &Ors.and Amar Kumar Bhagat
[2003(2)
2003(2) PLJR] in support of their case. The learned counsel for