Central Administrative Tribunal - Lucknow
Amitabh Thakur vs Principal Secretary Home Police ... on 9 May, 2018
1 CENTRAL ADMINSTRATIVE TRIBUNAL LUCKNOW BENCH, LUCKNOW This, the 09th day of May, 2018 Hon'ble Mr. Justice V.C. Gupta, Member (Judicial) Original Application No. 332/00151/2018 Amitabh Thakur, age 49 years, son of Sri Tapeshwar Narayan Thakur, R/o 5/426, Viram Khand, Gomti Nagar, Lucknow.
......Applicant By Advocate : Applicant in Person.
VS.
1. Union of India through Secretary, Ministry of Home Affairs, Government of India, New Delhi;
2. State of Uttar Pradesh through Principal Secretary (Home), Government of UP, Lucknow.
3. Sri G.P. Sharma, IPS, c/o Director General of Police, Uttar Pradesh, Lucknow.
... ..Respondents By Advocate for Resp.No.1: Sri D. Awasthi for Sri S. Lal Resp.No.2: Sri Sudeep Seth Original Application No. 332/00152/2018 Amitabh Thakur, age 49 years, son of Sri Tapeshwar Narayan Thakur, R/o 5/426, Viram Khand, Gomti Nagar, Lucknow.
......Applicant By Advocate : Applicant in Person.
VS.
1. Union of India through Secretary, Ministry of Home Affairs, Government of India, New Delhi;
2. State of Uttar Pradesh through Principal Secretary (Home), Government of UP, Lucknow.
3. Sri Praveen Singh, c/o Director General of Police, Uttar Pradesh, Lucknow.
... ..Respondents By Advocate for Resp.No.1: Sri D. Awasthi for Sri S. Lal Resp.No.2: Sri Sudeep Seth CAT-LKO BENCH OA No. 151, 152, 153 & 154 of 2018-Amitabh Thakur Vs. UOI 2 Original Application No. 332/00153/2018 Amitabh Thakur, age 49 years, son of Sri Tapeshwar Narayan Thakur, R/o 5/426, Viram Khand, Gomti Nagar, Lucknow.
......Applicant By Advocate : Applicant in Person.
VS.
1. Union of India through Secretary, Ministry of Home Affairs, Government of India, New Delhi;
2. State of Uttar Pradesh through Principal Secretary (Home), Government of UP, Lucknow.
3. Sri J L Tripathi, IPS, c/o Director General of Police, Uttar Pradesh, Lucknow.
... ..Respondents By Advocate for Resp.No.1: Sri D. Awasthi for Sri S. Lal Resp.No.2: Sri Sudeep Seth.
Original Application No. 332/00154/2018 Amitabh Thakur, age 49 years, son of Sri Tapeshwar Narayan Thakur, R/o 5/426, Viram Khand, Gomti Nagar, Lucknow.
......Applicant By Advocate : Applicant in Person.
VS.
1. Union of India through Secretary, Ministry of Home Affairs, Government of India, New Delhi;
2. State of Uttar Pradesh through Principal Secretary (Home), Government of UP, Lucknow.
... ..Respondents By Advocate for Resp.No.1: Sri D. Awasthi for Sri S. Lal Resp.No.2: Sri Sudeep Seth ORDER [Oral] [Under Rule 19 (b) of CAT (Rules of Practice, 1993] In all these 4 cases common question of law and facts are involved. Hence, they are disposed of by the common order.
2. The brief facts of the cases are that the applicant is facing 4 departmental inquiries. The applicant filed 4 petitions earlier having CAT-LKO BENCH OA No. 151, 152, 153 & 154 of 2018-Amitabh Thakur Vs. UOI 3 Diary No. 37, 38, 43 and 44 of 2018 with a prayer to declare the departmental inquiries under Rule 8 of All India Services (Disciplinary and Appeal) Rules, 1969, initiated by Government of Uttar Pradesh against the applicant vide different office memorandum, null and void on the ground of amendment in the Rules fixing time schedule to conclude the inquiry. All these 4 matters were finally disposed of vide an order dated 24.04.2018. The copy of order has not been annexed. However, the record was summoned of aforesaid cases from office as the matter may be disposed off after perusal of order passed therein. The photostate copy of the judgment duly attested was taken on record. The relevant portion of the judgment dated 24.04.2018 as contained in Para - 22 is extracted herein below for ready reference:
"22. As we have not gone into the facts of the individual cases, it is not possible to quash the charge memos or declare them null and void as sought by the applicant. It is for the second respondent to take necessary action in accordance with the rules and in pursuance of the observations contained in this order. However, in the event of any concrete evidence of motivated and wholly unjustified delay disproportionate to the time limits set in the amended rules, the applicant shall be at liberty to move this Tribunal afresh, if so advised."
3. In view of the order passed by this Tribunal on 24.04.2018 the Disciplinary Authority has to take necessary action in the light of the factual matrix and legal proposition and adopt a course of action. The applicant has already moved representations in all the enquiries after passing the order dated 24.04.2018. Therefore, it would not be proper at this stage to issue any mandamus to the disciplinary authority with regard to continuance or discontinuance of the inquiries pending against the applicant.
4. The applicant is person requested that the reliefs claimed in all the OA may be molded and Disciplinary Authority may be directed to decide the representations given by the applicant before further proceeding in the enquiries.
5. In the light of specific request made by the applicant purpose of filing CAT-LKO BENCH OA No. 151, 152, 153 & 154 of 2018-Amitabh Thakur Vs. UOI 4 the OAs would be served if the representations given by the applicant are disposed of by disciplinary authority/competent authority before further proceeding in the matter.
6. Heard Sri Amitabh Thakur, applicant in person and Sri Sudeep Seth for State of Uttar Pradesh and Sri D. Awasthi for Sri S. Lal for Union of India.
7. Hence, keeping in view of the special request made by the applicant in person, all these 4 Original Application No. 151 of 2018, 152 of 2018, 153 of 2018 and 154 of 2018 are disposed off at admission stage without calling for any reply from the respondents and without expressing any opinion on merit and with the consent of the parties by issuing directions to the disciplinary authority / competent authority to disposed off the representations given by applicant in the related pending enquiries before further proceeding in the matter after giving opportunity of being heard to the applicant within a period of one months from the date of communication of certified copy of this order alongwith copy of the representation given to competent authority/ disciplinary authority.
8. There shall be no order as to costs.
9. Let a copy of this order be placed in all related OAs.
(Justice V. C. Gupta) Member (J) JNS CAT-LKO BENCH OA No. 151, 152, 153 & 154 of 2018-Amitabh Thakur Vs. UOI