[Civil Appeal No.6717 of 2008]. Calling in question the legal defensibility of the judgment and order dated 19.01.2007 passed by the High Court of Delhi in W.P.(C)No.16104 of 2004 whereby it has annulled the judgment and order dated 28.06.2004 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (for short "the tribunal") in O.A.No.1977 of 2003 and the order dated 19.08.2004 declining to entertain the review, the present appeal has been preferred by special leave. The respondent while serving as an Assistant Engineer (Civil) in the Central Public Works Department (CPWD) was proceeded in a departmental proceeding in respect of two charges which read as follows: "(a) 540 bags of cement were got issued for the above stated work from the Central Stores on 31.3.97. The said Shri R.P.Singh allowed Shri N.K.Sarin, Junior Engineer to issue 89 bags of cement within 24 hours of receipt of the cement from the Central Stores without giving any written permission to the Junior Engineer and without authenticating the said issue of cement, thereby violating the instructions contained in Para 3(d) of memorandum No.DGW/CON/67 dated 6.5.94. (b) Out of the above stated lot of 540 bags of cement of "Superplus Jaypee" brand, 82 bags of cement were found short, which had been pilfered with connivance of the said Shri R.P.Singh, Assistant Engineer."
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