Central Administrative Tribunal - Delhi
Savitur Prasad vs Union Of India on 14 November, 2014
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH: NEW DELHI OA NO.1570/2013 NEW DELHI THIS THE 14TH DAY OF NOVEMBER, 2014 HONBLE SHRI ASHOK KUMAR, MEMBER (A) HONBLE SHRI RAJ VIR SHARMA, MEMBER (J) Savitur Prasad, (IDAS) S/o Late Sh. J.P. Sharma, R/o D-47, Saket, New Delhi-110017. Applicant (By Advocate: Mr. J.M. Kalia) VERSUS 1. Union of India, Through Secretary, Ministry of Defence, South Block, New Delhi. 2. Controller General of Defence Account Ministry of Defence, South Block, New Delhi. 3. Establishment Officer, Department of Personnel and Training (DOPT), North Block, New Delhi. Respondents (By Advocate: Mr. Subhash Gosain) ORDER (ORAL) SHRI ASHOK KUMAR, MEMBER (A):
The applicant is aggrieved by the letter dated 30.07.2012 whereby the respondent by wrongly appreciating and interpreting the facts and law, held that cooling period of three years will be over only on 14.07.2014. Based upon the said reference, the name of the applicant was removed from the panel list for considering his posting under the Central Staffing Scheme to the Central Government or any other organization of the Central/State.
2. The following reliefs have been sought in this OA:-
a) The appropriate direction may kindly be issued to the respondent no.3 to restore the name of the applicant in the panel list of officers for consideration for Central Government Posting and reflect the said name on their website to facilitate notice to the other government department/organization.
b) To direct the respondent to consider the name of the applicant under the Central Staffing Scheme in accordance with the policy governing the same without any discrimination.
c) Any other order or direction which this Honble Tribunal may deem fit and proper in the interest of justice may also be passed in favour of the applicant.
3. We have heard learned counsel for applicant as well as counsel for respondents.
4. Respondents counsel informs that in para-7 of the reply to the additional affidavit filed by the respondents, it has been stated that the applicant is eligible for empanelment to the posts of Additional Secretary/equivalent level posts at the Centre and proposal for empanelment of the applicant is being furnished to the concerned authority. It is clarified that it would require two weeks to send the proposal to the related authorities.
5. From the perusal of the relief sought by the applicant in the OA, the applicant had sought consideration for empanelment under the Central Government Staffing Scheme in accordance with the policy. The consideration is now being made and the respondents have mentioned in their reply to the additional affidavit that they shall consider his name in terms of rules and instructions governing the subject.
6. OA is disposed of as having become infructuous. No costs.
(Raj Vir Sharma) (Ashok Kumar)
Member (J) Member (A)
/jk/