Central Administrative Tribunal - Mumbai
Ajit K Khare vs M/O Textiles on 2 May, 2019
i OA No.2 100053482015 CENTRAL ADMINISTRATIVE TRIBUNAL, MUMBAI BENCH, MUMBAI ORIGINAL APPLICATION No. 210/00535/2615 Dated this Thursday, the 02°" May of May, 2019 CORAM : DR. BHAGWAN SAHAL MEMBER (ADMINISTRATIVE) tad R.N.SINGH, MEMBER (UDICIAL) Dr. Alit Kumar Khare, Age about 48 years, Presemly working as Professar, National Institute of Fashion Technology, Kharghar, Navi Mumbai 410 210. Residing at 602, Talip Chaitali CHS Ltd_, Plot No.13, Sector 4, Kharghar, Navi Mumbai 410 210. . Applicant (By Advecate Shri R.G. Walia} | VERSUS 1. Secretary, Govt. of India, Ministry of Textiles, Udyog Bhavan, New Delhi 110 001. 2. Director General, National Institute of Fashion Technology, Hauz Khas, New Delhi 110 016, Ms. Pramila Sharan, Chairperson, Internal Complaints Committee, NIFT ~ Head Office, NIFT, Hauz Khas, New Delhi 110 616. 4, Ms. Prachi Mishra, Advocate Member, Internal Complaints Conmnittee, NIFT -- Head Office, NIFT, Hauz Khas, New Delhi 110 O16. 5. Dr Ruchika, Assistant Professor, NIFT, NH -- 65, Karwar, Jodhpur -- 342 037. »» Respondents (By Advocate Shri 18. Joshi for R-1 & 2 and Shri VS. Masurkar for R-3 & 4) ORAE ORDER
Per? RN Singh, Member (Iudiciat) ~~ Shri BR.G.Walia, learned counsel rer the applicant.
2. Shri V.B.Joshi, learned sounsel for the official respondents Nos.i and APPEars with Shri Briyesh mM. Deore, Joint Dix BOter, ONIFT, Mumbad.
3. Shook V.S.Masurkar, igarned counsel for the respondents Nos.3 and 4, €, None for the respondent No.S. By At the outset, the learned counsel for the respondents Nos.3 and 4 submits that the respondent No.2 is an TRS ££ ies DD 3 Rs 5 C3 er he a ® Ex ce) ba B iD.
& th ct £ 7 or ww re respondents. Nos. and 2, He furth submits that the respondent No.4 is a Practising Advocate and the respondent Nos.3 and 4 were nominated by the Competent Authority as Chairperson and Member of Internal Complaints Committee {tec}. However, these respondents have gubsequentiy xres gned £ram thab committes tong back and to this effect che official PeSponaents have issued an order date 27.07.2016 (Annex MA-e, page 750-751). a Ceniibbde tte teedeiaisa ncaa naniene hated OA No.2 1G/G0554/2015 é. The learned couse L for the respondents Nos.3 and 4 further submits.
that these respondents could not prepar if oO QD.
any Einal report on the inquiry conduct against the present applicant, so they have not tendered such repert to the official respondents.
vn Shri ¥.8.Masurkar, learned ox counsel fer the respondents Noes.3 and also submits that in view of such. clreumstancesg, he has moved ari Miscellaneous Application No.893/2016 for deletion of such respondents from the array of the parties in the OA.
a. Shri V.B.Joshi, learned counsel appearing for the respondents Nos.i and 2
-® . submits that the Committee which was duly constituted by these respondents in which the vespondent Nos.3 and 4 were the nominated as Chairman and Members re B pectively has already been abolished by 77.07.2616 Annex MA~«2Z, fd the order dated oe hy G-7513. Further submits that cr page 7 the said Committees has not submitted any report te the Disciplinary Authority and by if atboall any Kind o "
preliminary teport & GA No.2 HYOOSIS/201§ fe ws iA SS x gE pe cr rt G fe ct $s ch rei fe ' UG Pa ry fevod ine te La het tee so ct 3 3 2 rt fag for the official respondents Nos.il and 2 and Shri Brijesh M. Deore, Joint BDirectar, NIPT, Mumbai under instructions further submit that the post of Campus Director, NI¥T, dodhpur is a post which can be held 5 by a Professcr level officer at the
20. The learned counsel for the respondents Nes.] and 2 further submits that ~ the Competent Authority Lee. respondent No.2 has passed the order dated 12.03.2015 (Amnex A-1} regarding posting of the applicant at NIFT, Mumbai. He also submits that Appellate Authority against such order in case of the applicant is Board of Governors of NIFT and if the applicant was aggrieved of such posting from Jodhpur to Mumbai, he conid have Governors, NIE? But he has not done so, qi. TR the aforesaid facts and 3 CHA No 2LGOS 35/2018 respondents pray that the presenh OA should be dismissed as having become infructuous and / or heing premature. i2. Shri R.G.Walia, learned counsel for the applicant vehemently disputes and denies the aforesaid contentions made by the learned counsels for the respondents Nos.l, 2, 3 and 4 and submits that he is having instructions to submit that the "gzaid committee had prepared a rFeport on its inquiry. He also submits that the applicant has already preferred his en atatutory appeal dated 16.03.2019 {Annes R-7} requesting therein for review of the imougned order dated 12.03.2015.
13. Shri B.G.Walia, learned counsel boy?
for the applicant invites our attention to Annex A-} itself wherein the respondents id 3B have acknowledged receipt of afores t x appeal on 16.03.2015 and assured euick disposal ef the case. However, he submits + that till today the aforesaid Appeal is as Fh not disposed of.
14. Shril vV.B.deshi, learned counsel for the respondents Nos.1 and 2 further submits that the Competent Authority would wa Cd "
hy ", od oe be;
x a he ery ory et beer ty2.
cn 3 xo pe tf isok inte the matter afresh and the Campetent Authority has already sent the decuments to the Local Inquiry Committee Gf NIFT, Jodhpur, which is independent Authority of the State Government to Look into the matter and for taking further necessary action in accerdance with the is, in view of tha aforesaid, we are of the view that the on has become nirnctuous to the extent that the applicant has challenged the action of the respondents Nos.3 amt 4 in conducting the inquiry againeb the applicant. respect to prayer of the applicant £or review of the impugned order regarding suspension of his contract for a ppoointment % &S Director, NIPT, Jodhpur is concerned, che same can be disposed of with a Girection to the Competent Appellate Authority to leok inta the same arid a > pee 4 cons £ © it by passing a vreasoned and "Speaking order without being influenced by any report (interim or final in nature) submitbed by the earlier Committee ? OS Na 2 QO0S 352075
16. As aforesaid, OA is dispésad of with a direction to the respondent No.2 tc consider the appeal of the applicant dated L6.03.2015 (Annex A-7} and pass a reasone G and speaking order on it within a period of eight weeks from the date of receipt of certified copy of this order.
L?. As regards the preliminary or any other inquiry report submitted by the earlier Committee, we direct that the fresh anquiry to be conducted in the subject mather of this GA shall not take any cognizance of such Feport.
is. All the pending MAs stands disposed of sccordingly.
13. The xvrecord aubmitted by the respondents in a sealed cover is returned back to them in a sealed caver.
rN (R.NSingh) (Dr. Bhagwan Sahai) Member (Judicial) Member (Administrative) iong*