Central Administrative Tribunal - Delhi
Dr Davinder Kumar vs Medical Council Of India, M/O Health And ... on 6 September, 2023
1
Item No.57
O.A. No.544/2018
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No.544/2018
This the 6th day of September, 2023
Hon'ble Mr. R N Singh, Member (J)
Hon'ble Mr. Sanjeeva Kumar, Member (A)
Dr. Davinder Kumar
(Group A)
Aged about 50 years
S/o Late Tula Ram
R/o 118D, Sector-30
Gurgaon (HR).
(Working as Joint Secretary MCI
(Under Suspension). ... Applicant
(By Advocate : Mr. S.K. Gupta)
VERSUS
1. Medical Council of India
Through its President
Pocket-14, Sector-8
Dwarka, New Delhi.
2. Sh. A.K. Harit
Dy. Secretary (Admn) &
Chief Vigilance Officer (Addl. Charge)
Medical Council of India
Pocket-14, Sector-8
Dwarka, New Delhi.
3. Secretary
Ministry of Health & Family Welfare
Nirman Bhawan, New Delhi.
4. Secretary
Department of Personnel & Training
Department of Personnel, Public Grievances
& Pensions
North Block, New Delhi. ...Respondents
(By Advocate : Mr. T. Singhdev)
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Item No.57
O.A. No.544/2018
O R D E R (ORAL)
Hon'ble Mr. R N Singh, Member (J):
By way of the present OA, filed under Section 19 of the A.T. Act, 1985, the applicant has prayed for the following relief(s):-
"(i) Quash and set aside the impugned memorandum dated Nil as received by the applicant on 18.10.2017 with all consequential benefits;
(ii) May also pass any further order(s), direction(s) as be deemed just and proper to meet the ends of justice."
2. Pursuant to notice counter reply was filed on behalf of the respondents and the applicant has filed rejoinder. Subsequently, an additional affidavit has been filed by Under Secretary, National Medical Commission, Pocket-14, Sector-8, Phase-1, Dwarka, New Delhi-110 077. It is asserted in para 8 of the said affidavit as under :-
"It is humbly submitted that therefore, after the repeal of the IMC Act, 1956 on 25.09.2020, the applicant by virtue of second proviso to Section 60(3) ceases to be an employee of the erstwhile MCI and his employment in the erstwhile MCI stands terminated with immediate effect. In view of the termination of 3 Item No.57 O.A. No.544/2018 the employment of the applicant in the erstwhile MCI due to the operation of law passed by the Parliament, no purpose shall be served with the continuance of the disciplinary proceedings contemplated against the applicant and that the same has become redundant/unnecessary. Hence, it has been decided to close the disciplinary proceeding initiated against the applicant pursuant to chargesheet issued vide memorandum dated 13.10.2017 (communicated on 18.10.2017)."
3. Mr. S.K. Gupta, learned counsel appearing for the applicant submits that in view of the assertions of the respondents and precisely noted hereinabove the grievances of the applicant stand redressed. In view of the undisputed fact, the OA is disposed of as having become infructuous.
( Sanjeeva Kumar ) ( R.N. Singh )
Member (A) Member (J)
/uma/