Central Administrative Tribunal - Chandigarh
Krishan Pal Singh Chauhan vs Kendriya Vidyalaya Sangathan (Hq) on 14 July, 2016
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
OA No.060/00419/2015 Date of decision- 14.07.2016
CORAM: HONBLE MR. SANJEEV KAUSHIK, MEMBER (J)
HONBLE MR. UDAY KUMAR VARMA, MEMBER (A)
Krishan Pal Singh Chauhan, Employee Code No. 51546,
S/o Sh. Shiv Nath Singh Chauhan, Ex-Librarian,
Kendriya Vidyalaya, Dera Baba Nanak, Shikar,
District Gurdaspur (Punjab)
Resident of H.No. C-233,
Kila Nangal, Pathankot.
APPLICANT
BY ADVOCATE : Mr. N.P. Mittal
VERSUS
1. Kendriya Vidyalaya Sangathan (HQ), 18,
Institutional Area, SJS Marg,
New Delhi, 110016 through its Commissioner.
2. Deputy Commissioner,
Jammu Region, Kendriya Vidyalaya Sangathan (Regional Office,
Government Hospital Road,
Gandhi Nagar, Jammu 180004.
3. Principal, Kendriya Vidyalaya,
Dera Baba Nanak, Shikar
District Gurdaspur, Punjab.
RESPONDENTS
BY ADVOCATE: Sh. R.K. Sharma.
ORDER (ORAL)
HONBLE MR. SANJEEV KAUSHIK, MEMBER (J):-
1. The applicant is aggrieved against the order dated 31.01.2014 whereby he has been removed from service with effect from the date of his absent from duties i.e. 25.03.2013.
2. Upon notice, the respondents represented through Sh. R.K. Sharma, Advocate entered appearance. They have taken a preliminary objection that the present O.A be dismissed for want of alternative remedy of departmental appeal as provided under Article 81(D) (7) of the Education Code for Kendriya Vidyalayas.
3. Learned counsel for the applicant is not in a position to rebut the objection raised by the respondents, therefore, he submitted that he may permitted to withdraw the instant O.A enabling him to file an appeal. He also submitted that as per the Chapter VIII, Article 81 (D), the appeal is to be preferred within 45 days from the date on which a copy of the order appealed against is served on the appellant, therefore, the respondents be directed to decide his appeal on merit and same may not be dismissed on the ground of delay.
4. Considering the submission made at the hands of the respondents that applicant has an alternative e remedy of Appeal, present O.A is disposed of as withdrawn with a direction that if the applicant submits the appeal along with an application for condonation of delay for filing the same, within a period of 30 days from the date of receipt of a certified copy of the order, then, the appellate authority is directed to decide the same on merit by passing a reasoned and speaking order in accordance with law and same may not be dismissed on the ground of delay. We expect from appellate authority to decide applicants appeal expeditiously but not later than three months.
5. No costs.
(UDAY KUMAR VARMA) (SANJEEV KAUSHIK)
MEMBER (A) MEMBER (J)
Dated: 14.07.2016
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OA No. 060/00419/2015
(Krishan Pal Singh Vs. UOI & Ors.)