Central Administrative Tribunal - Allahabad
Arvind Kumar vs D/O Post on 24 September, 2019
1 Reserved Central Administrative Tribunal, Allahabad Bench, Allahabad This the 24th day of September, 2019 Original Application No.330/00898/2019 (U/S 19, Administrative Tribunal Act, 1985) Hon'ble Mr. Justice Bharat Bhushan, Member (J) Hon'ble Smt. Ajanta Dayalan, Member (A)
1. Arvind Kumar aged about 37 years son of Bansraj r/o Village Majid patti and Post Kushmahara via Ahraula, District- Azamgarh.
2. Sushil Maurya aged about 30 years son of Ram Dass Maurya, r/o village and post Yudhisthirpatti, District- Azamgarh.
3. Manju Maurya aged about 30 years wife of Manoj Kumar Maurya r/o village and post Yudhisthirpatti, Distirct- Azamgarh.
4. Anil Kumar aged about 40 years son of Hari Lal r/o village Hamidpur and Post Sarain via Ahraula, District Azamgarh.
Applicants By Advocate: Sri B. N. Singh Versus
1. Union of India through its Secretary, Ministry of Communication and Information Technology, Department of Post, Dak Bhawan, New Delhi.
2. The Sr. Supdt. of Post Offices, Azamgarh Division, Azamgarh.
3. The Inspector of Post Office, Pholpur sub Division, Azamgarh.
Respondents By Advocate: Sri L.P. Tiwari ORDER ON INTERIM RELIEF Heard Sri B.N. Singh advocate for applicants and Sri L.P.Tiwari advocate for respondents.
2. The respondents department has served charge sheets on applicants stating that applicants had obtained employment on 2 the basis of mark sheet of Gurukul Viswavidyalaya, Vrindavan, Mathura, which has been declared fake University by University Grant Commission (in short UGC).
3. Feeling aggrieved, applicants have filed this O.A. for the following reliefs:-
i) To issue a suitable order or direction to call for record and set-aside the impugned charge sheets dated 26.7.2019 (Annexure No. A-1 of applicant No. 1 to 4).
ii) To pass such other and further order as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.
iii) To award cost of the petition in favour of the applicants.
4. The applicants have also sought interim relief for the stay the effect and operation of impugned charge sheets dated 26.7.2019 (Annexure-A-1) during the pendency of present O.A.
5. Learned counsel for applicants has also drawn the attention of this Tribunal towards the full bench judgment of Allahabad High Court in Writ Petition No. 48208 of 2012 (Dhanpal and others Vs. State of U.P. and others) which was decided vide order dated 9.10.2013 and another judgment of Allahabad High Court in Writ A No. 67885 of 2010 (Smt. Suman Yadav Vs. State of U.P. and others) decided on 9.2.2015
6. Sri L.P.Tiwari, advocate for respondents has opposed the prayer for interim relief saying that whatever submissions 3 applicants are making can be placed before the Inquiry Officer and there is no reasonable cause to block the proposed inquiry.
7. Ordinarily, we do not interfere with the process of inquiry. All the grievances of applicants can ordinarily be placed before the inquiry officer and they can seek their exoneration from the inquiry but in the present case prima facie, there appears to be legal impediment.
8. It appears that there was educational institute namely Gurukul Viswvidalaya, Vrindavan, Mathura, from where applicants have obtained their mark sheets/ certificates. This Vishvidalaya was subsequently declared fake university by UGC.
9. Hon'ble full bench held that certificate issued by the Gurukul Viswavidyalaya, Vrindavan, Mathura, U.P. up to the year 2008 i.e. till it was recognized by the U.P. Board of High School and Intermediate Education as equivalent to High School, was valid qualification equivalent and therefore, holders of such certificates could not have been non-suited of subsequent declaration of UGC.
10. The charge sheets indicate that Registrar, Gurukul Viswavidyalaya, Vrindavan, Mathura has perhaps disowned the certificate issued by themselves saying that these certificates were not issued by the said Viswavidyalaya. This is factual dispute which can only be dissolved by inviting objections or short counter reply on the question of interim relief. 4
11. Respondents are directed to submit their written objections/ short counter reply by 9.10.2019 explaining the following matters:-
a) Whether the charge sheets have been submitted merely on the basis of declaration of said Viswavidyalaya as fake university subsequent to 2008; or
b) Whether the applicants have been charge sheeted on the basis of stated report of Registrar, Gurukul Viswavidyalaya, Vrindavan, Mathura that concerned educational certificates have not been issued by them.
12. Applicant may file their reply by 10.10.2019. List on 11.10.2019 for final consideration of prayer for interim relief. However, the respondents are also directed not to take any steps in furtherance of these charge sheets till 11.10.2019. It is made clear that it would be difficult to grant any adjournment for filing objection/ reply. Copy of order be given to the counsel for respondents.
(Smt. Ajanta Dayalan) (Justice Bharat Bhushan)
Member (A) Member (J)
HLS/-
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