Central Administrative Tribunal - Delhi
Virender (Driver) vs Delhi Transport Corporation on 15 May, 2014
Central Administrative Tribunal Principal Bench OA No.1667/2014 New Delhi this the 15h day of May, 2014 Honble Mr. Ashok Kumar, Member (A) Honble Mr. Raj Vir Sharma, Member (J) Virender (Driver) S/o Shri Dharam Singh, Aged 37 years, Working under Depot Manager, B.No. 23488, Pay Token No.65451, Yamuna Vihar Depot, Delhi-110053 R/o H.No.291/A/19, Annand Colony, Old DC Road, Sonipat, (Haryana) .. Applicant (By Advocate: Shri K K Patel) Versus 1. Delhi Transport Corporation Through Its Chairman, I.P. Estate, New Delhi 2. The Depot Manger, Yamuna Vihar Depot, Delhi 110053. 3. Shri G.K. Kaushik, Working as Depot Manager, Yamuna Vihar Depot Delhi Transport Corporation Delhi 110053. ..Respondents ORDER (ORAL)
By Honble Sh. Ashok Kumar, Member (A) :-
Heard learned counsel for the applicant. The applicant is aggrieved by order of termination dated 12.03.2013 whereby his services has been terminated by the Delhi Transport Corporation (DTC) with immediate effect in terms of Delhi Road Transport Regulations (appointment & conditions of services) Regulations 1952 Rule 19(b). He further states that no appeal has been filed against the order of termination and he has straightway filed the present OA.
2. In such matters, it is expected that before approaching the Tribunal, an appeal would be resorted to by the official who has been inflicted the penalty. In such a situation, the applicant may, if so advised, prefer an appeal before the concerned authority. Learned counsel for the applicant agrees with the above course of action and further submits that this OA along with Annexures be sent to respondent no.1 for treating the OA as an appeal and to decide the same.
3. In view of above, we dispose of the OA with the directions that a copy of this order along with the copy of the OA be sent to respondent no.1, who shall treat the same as an appeal on behalf of the applicant and after considering the matter in consonance with the rules and instructions pass a reasoned and speaking order and duly communicate the same to the applicant, within a period of three months from the date of receipt of a copy of this order.
Dasti.
(Raj Vir Sharma) (Ashok Kumar) Member (J) Member (A) /sarita/