Central Administrative Tribunal - Delhi
Dr G S Thind vs New Delhi Municipal Council on 4 May, 2023
1
Item No. 11
O.A. No.1324/2019
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 1324/2019
This the 4th Day of May, 2023
Hon'ble Mr. R. N. Singh, Member (J)
Hon'ble Mr. Sanjeeva Kumar, Member (A)
Dr. G.S. Thind,
(Aged 71 Years) Retired, as Astt. Surgeon Grade-I
Group A
S/o Late Sh. B.S. Thind,
R/o B-81, Sector 50, NOIDA,
Uttar Pradesh
...Applicant
(By Advocate: Mr. G.D. Chawla)
Versus
1. New Delhi Municipal Council, Through its Chairman
Palika Kendra, New Delhi-110001.
2. Naresh Kumar, working as Chairman, New Delhi
Municipal Council, Palika Kendra, New Delhi-110001.
...Respondents
(By Advocate: Ms. Sriparna Chatterjee)
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Item No. 11
O.A. No.1324/2019
ORDER (ORAL)
Hon'ble Mr. R. N. Singh, Member (J) O.A. No. 1324/2019 In the present O.A. the applicant has prayed for the following reliefs:-
"1. Quash and set aside the impugned letter dated 22.04.2019; and
2. Allow the OA with exemplary cost; and
3. Pass any other order as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case."
2. Learned counsel for the respondents submits that an order dated 26.06.2019 has been passed by the competent authority by invoking his power under Rule 9 of the CCS Pension Rules, 1972 read with regulation 5(2) (a) of the NDMC (Conditions of Service of Municipal Officers) Regulations, 2016, is of the view that a penalty of "withdrawal of the two-third of the pension as well as gratuity permanently" be inflicted upon him. Accordingly, the penalty of withdrawal of the two-third of the pension as well as gratuity permanently has been imposed upon the applicant vide order dated 26.062019. She has placed on record, a copy of the said order dated 26.06.2019.
3Item No. 11 O.A. No.1324/2019
3. Learned counsel for the applicant, in view of the aforesaid order dated 26.06.2019, under instructions from the applicant, seeks permission of this Tribunal to withdraw the present O.A. with liberty to the applicant in accordance with law.
4. Permission is granted. O.A. stands dismissed as withdrawn with liberty as aforesaid.
(Sanjeeva Kumar) (R. N. Singh)
Member (A) Member (J)
/kk/