Central Administrative Tribunal - Delhi
Shri Phool Kumar S/O Late Shri Bansilal vs The Union Of India Through on 16 August, 2011
Central Administrative Tribunal Principal Bench, New Delhi O.A. No.2946/2011 Tuesday, this the 16th day of August 2011 Honble Shri M. L. Chauhan, Member (J) Honble Smt. Manjulika Gautam, Member (A) Shri Phool Kumar s/o late Shri Bansilal Aged 45 years r/o 8/5, Railway Colony Delhi Kishanganj, Delhi Presently working as Chief Ticket Inspector Northern Railway, New Delhi ..Applicant (By Advocate: Shri S K Vyas) Versus The Union of India through 1. Chairman Railway Board, Rail Bhawan Rafi Marg, New Delhi-1 2. General Manager Northern Railway Baroda House, New Delhi-1 3. Chief Traffic Manager Northern Railway DRM Office, New Delhi-55 4. Sr. Divisional Commercial Manager Northern Railway, New Delhi-1 ..Respondents O R D E R (ORAL)
Shri M.L. Chauhan:
Heard the learned counsel for the applicant.
2. From the material placed on record, it is evident that the applicant has filed statutory appeal on 3.11.2009 (Annexure A-2) but the same has not been decided by the appellate authority till date. We are constrained to observe that despite having filed an appeal on 3.11.2009, the appellate authority has not disposed of the same.
3. The Constitution Bench of the Apex Court in the case of S.S. Rathore v. State of M.P., AIR 1990 SC 10 has observed that ordinarily a period of three to six months should be the outer limit, which would discipline the system and keep the public servant away from a protracted period of litigation.
4. In view of what has been stated above, we dispose of the present OA at this stage with a direction to the appellate authority to decide the pending appeal of the applicant by passing a reasoned and speaking order within a period of two months from the date of receipt of a copy of this order keeping in view the requirement as prescribed under Rule 22 of the Railway Servants (Discipline & Appeal) Rules, 1968.
( Smt. Manjulika Gautam ) ( M.L. Chauhan )
Member (A) Member (J)
/sunil/