Central Administrative Tribunal - Delhi
D.K.Chopra vs Union Of India Through on 11 March, 2011
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH CP 406/2010 in OA 1746/2007 MA 639/2011 MA 531/2011 New Delhi this the 11th day of March, 2011 Honble Mr. Justice V.K.Bali, Chairman Honble Mr. L.K.Joshi, Vice Chairman (A) D.K.Chopra, Superintendent Customs Preventive, 209, New Customs House, New Delhi-110037. Applicant (By Advocate Ms. Tushti Chopra) VERSUS 1. Union of India through Shri Sunil Mitra, The Secretary, Ministry of Finance, Department of Revenue, North Block, New Delhi-110001. 2. Mrs. Chanjeet Kaur, Administrative Officer, Customs Preventive, New Customs House, New Delhi-110037. 3. Sri R.S.Saxena, Pay & Accounts Officer, Customs Room No. 233, New Customs House, New Delhi-110037. Respondents (By Advocate Shri R.N. Singh ) O R D E R Mr. L.K.Joshi, Vice Chairman (A):
In the light of what is stated in MA number 639/2011, the order dated 23.02.2011 is recalled and the MA number 531/2011 is restored. Considering the reasons mentioned in MA number 531/2011, Contempt Petition number 406/2010 is restored to its original position.
2. By judgement dated 10.09.2008 in OA number 1746/2007 the following directions were given:
11. Whatever may the intent of the applicant, yet the deduction of subscription from his pay roll and crediting it to the account of a Federation, which does not concern applicant, is not in accordance with rules. There cannot be a forceful deduction against the will of an employee and also forcible credit it to the account of a Federation, which does not concern the applicant.
12. In the result, for the foregoing reasons, this OA stands disposed of with a direction to the respondents to take a final decision on their process of verification of the Associations, initiated vide letter dated 3.8.2007 and till then the deductions made of subscription from the salary of applicant shall be credited to the Association of which the applicant is a member.
3. Pursuant to the directions quoted above the respondents in the OA sent a letter dated 16.01.2009 to the petitioner, which, inter alia, stated that:
4. The Honble Tribunal has held that out of the two associations, both being un-recognized, the recognition would be on the basis of deduction of subscription and pre-dominantly, the association having a larger membership would be treated as recognized for all purposes. It is noticed from the record that both the associations have failed to furnish a list of members belonging to their associations alongwith a written undertaking from each member specifying the particular association to which he is a member. Thus, in view of the CATs observation none of the association merit any kind of recognition.
5. As regards, decision on the process of verification of the association initiated vide letter dated 3.8.2007 about the No. of membership of both the associations it is noticed both the associations have failed to furnish list of members as per guidelines specified in CATs order, as such no decision can be taken on the basis of letter dated 3.8.2007. The Cadre Controlling Authority of Preventive Commissionerate is Central Excise Commissionerate Delhi-1 and the officers posted in Preventive Commissionerate form a very small part and parcel of the cadre strength of Central Excise Commissionerate Delhi-1. These officers are transferred/rotated every year as per the transfer policy of the Cadre Controlling Authority.
6. It is beyond the jurisdiction of this Commissionerate to decide which association is legal as both the associations are co-existing, their unrecognized character not withstanding. However, it is mentioned that as per Under Secretary, Ministry of Finance letter No. 1270/2007-Ad.IV A dated 21.5.2007, no federation named as All India Federation of Central Excise Gazetted Executive Officers under the President of Shri D.K.Chopra is recognised under the CCS (RSA) Rules, 1993. Since no amount is being deducted towards monthly subscription to any of the two aforesaid associations, the process of verification of the members of associations initiated vide letter dated 3.8.2007 by the then A.O.(Pay Cell) becomes infructuous as on date as most of the staff posted in 2007 have already been transferred from the Preventive Commissionerate.
7. As regards (ii) of the CATs order, no amount is being deducted from the salary of any member towards any association since September, 2007 and hence needs no compliance.
8. So far as the issue of disposal of un-disturbed amount of 1840/- is concerned (Cheque No.216851 dated 24.8.07 for Rs.1240/- No.215214 dated 2.4.07 for Rs. 300/- and No. 215814 dated 25.5.07 for Rs.300/-) the amount shall be credited to the accounts of the respective members from whose salary, this amount was deducted. The petitioner herein then approached the Tribunal in MA number 1759/2009 for implementation of the decision in the OA number 1746/2007. The Tribunal noted that the respondents had given sufficient information in the counter reply clearly indicating the efforts taken by them to implement the directions of this Tribunal. It was noted that the issues raised by the applicant in the MA could not be gone into in the Miscellaneous Application. The MA was disposed of with the liberty to the applicant therein to approach the appropriate forum as per rules. Thereafter, the Contempt Petition in hand has been filed.
4. The learned counsel for the respondents has contended that the directions given by the Tribunal in the aforesaid OA have been complied with and the CP is merely vexatious and not maintainable.
5. Considering the communication dated 16.01.2009, which has been quoted above in part, we are of the considered opinion that there has been substantial compliance by the respondents of the directions given by this Tribunal in its judgement dated 10.09.2008, non-compliance whereof has been complained in this CP.
6. Since in our considered opinion there is no deliberate defiance of the directions of this Tribunal by the respondents, the CP need not be pursued any further. The CP is closed and notices are discharged.
(L.K.Joshi ) (V.K.Bali ) Vice Chairman (A) Chairman /dkm/