Central Administrative Tribunal - Chandigarh
Manohar Sodhi vs D/O Electronics on 15 April, 2021
1- O.A. No. 60/00385/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
O.A. No.60/00385/2021
Chandigarh, this the 15th of April 2021
HON'BLE MRS. AJANTA DAYALAN, MEMBER (A)
Manohar Sodhi, aged 66 years, son of Shri S.S. Sodhi, R/o
House No. 137, Sector 46-A, Chandigarh.
....Applicant
(BY: Mr. Vivek Salathia, Advocate)
Versus
1. Union of India through Director General, STQC Directorate,
Government of India, Ministry of Electronics and Information
Technology, Electronics Niketan, 6, CGO Complex, Lodhi
Road, New Delhi - 110003.
2. The Senior Director, Electronics Test and Development
Centre, Ministry of Electronics and I.T. Government of India,
Malviya Industrial Area, Jaipur - 302017.
... .Respondents
(BY: Mr. Sanjay Goyal, Advocate)
O R D E R(Oral)
AJANTA DAYALAN, MEMBER (A):
1. Heard the learned counsel for the applicant. He states that the applicant retired in Group A post as Joint Director in the respondents department in 2015 and his retiral benefits were also released at that time. However, two years after his retirement, vide a communication dated 16.08.2017 (Annexure A-7) the recovery of Rs.215097/- was ordered against him. This order was in respect of disciplinary proceedings against one Sh.
2- O.A. No. 60/00385/2021 G.J. Gyani, Director (Retd.). However, no charge-sheet was ever issued to the applicant either during his career or after his retirement. Despite this, recovery has been ordered against the applicant.
2. Learned counsel for the applicant further pleads that the applicant made several representations followed by a legal notice dated 08.03.2019 (Annexure A-11). However, there has been no response thereto till date from the respondents department.
3. Learned counsel, therefore, pleads that the applicant deserves relief claimed in the O.A. He also pleads for withholding of any recovery pending finalisation of this O.A.
4. Issue notice to the respondents.
5. Sh. Sanjay Goyal, learned Sr. Central Govt. Standing Counsel, accepts notices on their behalf.
6. At this stage, learned counsel for the applicant states that he will be satisfied in case directions are issued to the respondents department to respond to his legal notice dated 08.03.2019 (supra) in a time bound manner.
7. Learned counsel for the respondents does not object to this limited prayer of learned counsel for the applicant.
8. In view of the above, I hereby give the respondents department to decide the legal notice of the applicant dated 08.03.2019 (Annexure A-11) by passing a reasoned and 3- O.A. No. 60/00385/2021 speaking order within a period of two months from the date of receipt of a certified copy of this order. A copy of this order shall be communicated to the applicant. Till the passing of such order, the recovery against the applicant, if any is being made, shall remain stayed.
9. Needless to mention that this order does not reflect any expression of opinion on the merit of the case.
10. The O.A. is disposed of in the above manner. There shall be no order as to costs.
(AJANTA DAYALAN) MEMBER (A) 'mw'