Central Administrative Tribunal - Kolkata
Mukesh Pandey vs N F Railway on 15 June, 2020
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@ll*I&BUNAL, ,1
lIlil-rA BENCH, KOLKATA
l^^^fepNDER SECTION 19 OF THE
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ft l^iiTIVE TRIBUNALS ACT, 1985
O. A. NO.350/ ^ OS OF 2020 7*
SRI MUKESH PANDEY, son of Sri
l
Haridwar Pandey, resident of
Quarter No. 315/G, Diesel Colony
Post Office Pradan Nagar, and
working ' for gam as a JE
/Il/D/Elect/Ia/SGUJ under Senior
Divisional Mechanical Engineer
Kathiar Division, Siliguri Junction
Siliguri, 734003, West Bengal.
...APPLICANT
VERSUS.
UNION OF INDIA Service
through the General Manager,
Northeast Frontier Railway, \
Maligaon, Guwahati, Assam, Pin-
781011.
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THEj^v CHIEF PERSONNEL
OFFICER, Northwest Frontier
Railway, Maligaon, Guahati, Assam
Pin 781011. ■r
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THE DIVISIONAL RAILWAY
)
MANAGER, Northwest Frontier
Railway, Katihar, Bihar, Pin 854105.
j
THE SENIOR DIVISIONAL
MECHANICAL ENGINEER,
EMD/BG Diesel Shed;' Siliguri
t
Junction District-Darjeeling, Pin
734003.
THE SENIOR SECTION mi
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ENGINEER, IG Electrical'/Diesel,
I S'
Siliguri Junction, District-Darjeeling,
Pin 734003.
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SRI RATAN LAL DAS, Son of I
Lal|||teieSh: Chandra Das,3 Working
pi^^'G^axie' I/E, Northeast
mm?' - at11
Siliguri Diesel
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. Lane, P.O.-Pradhan Nagar, Siliguri
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District - Darjeeling, Pin 734003.
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7. ANUP KUMAR DAS, working
for gain as SSE/Elect/New BG Shed
Siliguri Junction, Siliguri, Post Office
Pradhan Nagar, 734003, West
Bengal.
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•5':. /RESPONDENTS
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1 O. A/350/408/2020
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CENTRAL ADMINISTRATIVE TRIBUNAL
/ KOLKATA BENCH, KOLKATA
O.A/350/408/2020 Date of Order: 15.06.2020
Coram: Hon'ble Ms. Bidisha Banerjee, Judicial Member
Hon'ble Dr. Nandita Chatterjee, Administrative Member
Mukesh Pandey Applicant
Vrs.
Union of India & Ors. Respondents
For The Applicant(s): Mr. B.Chatterjee, Mr. J.Dutta, Counsel
ForThe Respondent(s): None
ORDER (ORAL)
Bidisha Banerjee, Member (J):
1. Despite service, none appears for respondents. Affidavit of service is taken on record. Rule 16(1) of CAT (Procedure) Rules, 1987 is invoked.'
2. The applicant in this O.A. has sought for the following reliefs:
"8.(a) An order do issue directing the respondents to withdraw and/or set aside the impugned speaking order dated 19.05.2020 being "ANNEXURE A-10";
(b) An order do issue directing the respondents to withdraw and/or recoil the purported the show cause notice dated May 21, 2020 being ANNEXURE "A-9";
(c) An order do issue directing the respondents not to disturb the post of the applicant as he is presently working at other than providing promotion if he is allegeable so;
(d) Direction be passed upon the respondents to produce the entire records of the case for proper adjudication and conscionabte justice may be done;
(e) Cost and incidentals of this application;
(f) Any other order or orders, direction or directions be passed as this Hon'ble Tribunal may deem fit and proper;"
2 0. A/350/408/2020 V5-.-.v> • ••V-7 S' . / It is evident from the records that the Hon'ble Chairman of this Tribunal : / ./ being the Third Member concurred with the view of the Hon'ble Administrative Member in O.A. No. 476/2014 (an application filed by one Ratan Lai Das, respondent No.6 herein) and directed respondent Nos. 2 and 3 as follows:
"OA shall stand disposed of, leaving it open to the applicant to make a representation to the respondent Nos. 2 & 3, narrating his grievance about evaluation of his service records and award of marks to 6th respondent, within four weeks from today. The respondent Nos. 2 & 3, in turn, shall take necessary steps in accordance with law by calling for the records and it emerges that the applicant is awarded any marks over and above what he was awarded to him earlier or if the 6th respondent is found to have been awarded marks in excess of his entitlement, necessary consequential steps shall be taken in relation to the selection to the post of Junior Engineer. It is needless to mention that if the proposed steps adversely affect the rights of any selected candidates already selected and appointed, they shall be put on notice. This exercise shall be completed within three months from the date of receipt of representation from the applicant".
In the said matter present applicant was respondent No.6.
3. The impugned speaking order dated 19.05.2020 says that in compliance with the orders of the Hon'ble Third Member, the answer sheets of both, the applicant Mukesh Pandey and Ratan Lai Das (respondent No.6 herein), were re evaluated where both of them were found to have "failed".
4. The present applicant, Mukesh Pandey, who having come out successful in the examination, was selected for JE-ll/Electrical/IA and was continuing in service until Ratan Lai Das challenged his selection, is aggrieved as the authorities have re-evaluated his answer sheets without any representation from the Ratan Lai Das and very surprisingly the applicant, who succeeded in the written examination and was selected as JE II, was declared "failed" upon re-evaluation. By a representation dated 28.05.2020, against the impugned show cause notice dated ;
L 3 0.A/350/408/2020 21.05.2020, he has sought for evaluated and re-evaluated answer scripts to effectively deal with the notice dated 21.05.2020.
5. Having perused the records and having found that the applicant was selected earlier and strangely upon re-evaluation was declared "failed", we direct the authorities to consider his representation dated 28.05.2020 and supply the evaluated/re-evaluated answer scripts of the applicant forthwith within 15 days from the date of receipt of a copy of this order. Upon receipt of such answer scripts the applicant shall furnish his reply to the show cause within 30 days, to the competent authority, who upon receipt of the reply shall consider it and issue a reasoned and speaking order on the same within a period of two months of its receipt. Till such time, the notice of reversion dated 21.05.2020 shall remain stayed.
6. O.A. is, accordingly, disposed of. No costs.
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(Nandita Chatterjee) (Bidisha Banerjee)
Member (A) Member (J)
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