Central Administrative Tribunal - Delhi
Dalvir Singh vs M/O Finance on 1 August, 2018
1
Central Administrative Tribunal
Principal Bench, New Delhi
OA 2868/2018
MA 3218/2018
New Delhi, this the 01st day of August, 2018
Hon'ble Sh. K.N. Shrivastava, Member (A)
Hon'ble Mr. S.N. Terdal, Member(J)
Dalvir Singh
S/o Shri Tilak Singh
Aged about 40 years
R/o 525/7, Jagrati Vihar
Meerut (U.P.)
Designation : Accountant, Group: C
...Applicant
(Through : Mrs. Rani Chhabra)
Versus
1. Union of India
Ministry of Finance
Through Secretary
North Block
New Delhi.
2. Controller General of Accounts
Ministry of Finance
Department of Expenditure
Mahalekha Niyantrak Bhawan
GPO Complex, E-Block
INA, New Delhi.
3. Principal Chief Controller of Accounts
Central Board of Excise and Customs
First Floor, AGCR Building
New Delhi.
4. Senior Accounts Officer (Administration)
Office of the Principal Chief Controller of Accounts
Central Board of Excise and Customs
First Floor, AGCR Building
New Delhi.
2
5. Joint Director
Directorate of Handloom and Textiles
G.T. Road, Kanpur (U.P.)
...Respondents
(Through : Mr. Rajeev Kumar)
ORDER (Oral)
K.N. Shrivastava, Member (A) :
Heard.
2. Issue notice. Shri Rajeev Kumar, learned counsel, accepts notice on behalf of respondents.
3. The applicant is original employee of Directorate of Handloom and Textiles, Government of Uttar Pradesh. His substantive post is that of Junior Assistant. He came on deputation to office of respondent no.3 on the post of Accountant on 13.04.2015, initially for a period of one year, which has been subsequently extended for two years. The extended period of deputation was to come to an end on 12.04.2018. In the meanwhile, the respondent no.3 requested his parent department vide letter dated 22.02.2018 for extension of his deputation for a further period of one year. Accordingly, Directorate of Handloom and Textiles, Government of Uttar Pradesh, vide Annexure A-5 letter dated 12.04.2018 gave its consent for extension of deputation for one more year.
4. The grievance of the applicant is that all of a sudden and without putting the applicant to notice, respondent no.3 vide impugned Annexure A-1 order dated 10.05.2018 has 3 relieved him from his present post of Accountant with a direction to report to his parent organization. The applicant has submitted a representation dated 09.05.2018 (i.e. one day before the impugned order was issued) requesting for absorption in the office of respondent no.3. The said representation has not yet been decided.
5. Looking at the nature of controversy involved, we dispose of this OA in the following terms:
A. The applicant is granted liberty to submit a supplementary representation in addition to the one dated 09.05.2018 which he has already submitted, to Respondent No.3 within a period of two weeks from today.
B. The Respondent no.3 shall dispose of the supplementary representation as well as pending representation dated 09.05.2018 of the applicant within a period of four weeks thereafter.
C. No coercive action shall be taken by Respondent No.3 against the applicant till his supplementary representation as well as the representation dated 09.05.2018 are decided by Respondent No.3. Needless to say that the representations shall be disposed of by Respondent No.3 by passing a reasoned and speaking order. 4 D. Till the representations of the applicant are decided, Respondent No.3 shall allow the applicant to continue to work in his present post of Accountant in its office.
Order DASTI.
(S.N. Terdal) (K.N. Shrivastava) Member (J) Member (A) /ravi/