Central Administrative Tribunal - Delhi
Vivek Raushan vs Department Of Personnel And Training on 29 March, 2023
Item No. 4 /C-2 1 OA No. 910/2023
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 910/2023
Today this the 29th day of March, 2023
Hon'ble Mr. R. N. Singh, Member (J)
Hon'ble Mr. Sanjeeva Kumar, Member (A)
Vivek Raushan, 29 years Approx., Group 'C'
S/o Sh. Durga Ranjan
R/o -H.No. Vill.: Tenduni, Ward No. 2,
Near- Masjid, P.O. + P.S. - Bikramganj,
Rohtas, (Bihar)-802212
E-mail ID: [email protected]
Mobile No. 7979732132 ... Applicant
(By Advocate: Mr A K Bhakt)
Versus
Union of India & Another,
Through,
1. The Secretary
Department of Personnel & Training,
Ministry of Personnel, Public Grievances & Pension,
North Block, New Delhi-110001.
2. The Controller & Audit General of India,
9, Deen Dayal Upadhyaya Marg,
New Delhi-110002
3. The Principal Accountant General (A&E),
Office Principal Accountant General (A&E), Karnataka,
Bengaluru- 560001. ... Respondents
(By Advocate: Mr S K Tripathi for Mr Gyanendra Singh)
Item No. 4 /C-2 2 OA No. 910/2023
ORDER (ORAL)
Hon'ble Mr. R. N. Singh, Member (J):
In the present OA, the applicant has prayed for the following reliefs: -
"(I) To declare the action of the respondents by which the respondents are not considering appointment of the applicant at his 1st preference state i.e. Delhi despite near about 100 backlog vacancies of CHSLE-2015; is illegal, arbitrary, discriminatory and violative of article 14 & 16 of the Constitution of India and against the Principle of natural justice.
(II) To direct the respondents to consider the representations dated 20.03.2023 and 23.03.2023 [Annexure A/1(Colly)] of the applicant praying to consider his joining at the place of his 1st preference state i.e. Delhi because already there are near about 100 backlog vacancies of CHSLE-
2015.
(III) To direct the respondents to produce the entire relevant records pertaining to this matter for proper adjudication.
(III) To award exemplary cost on the respondent for causing undue harassment.
(IV) To pass any other order or orders which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the present case."
2. Learned counsel for the applicant submits that for redressal of his grievances the applicant has preferred representation dated 20.03.2023 followed by another representation dated 23.03.2023. Both are annexed with Item No. 4 /C-2 3 OA No. 910/2023 the OA as Annexure-A-1 and A-1 (colly). He further submits that the said representations are still lying pending consideration of the respondents and unless the same is considered and disposed of by the Competent Authority amongst the respondents, the applicant shall be required to report at the new place of posting i.e. Bangalore and keeping view said urgency the applicant has rushed to the Tribunal through the present OA.
3. Issue notice. Mr. S K Tripathi, learned proxy counsel for Mr. Gyanendra Singh, learned counsel appears for respondents no. 1 & 2 on advance notice and accepts notice.
4. In the facts and circumstances, learned counsel for the applicant submits that the applicant shall be satisfied if the present OA is disposed of with a direction to the Competent Authority amongst the respondents i.e. respondent no. 2 to consider the aforesaid pending representations of the applicant in a time bound manner. There is objection to this from the learned counsel for the respondents.
5. In view of the aforesaid, without going into the merits, the present OA is disposed of with direction to the Competent Authority amongst the respondents i.e. Item No. 4 /C-2 4 OA No. 910/2023 respondent no. 2 to consider the applicant's aforesaid pending representations and to dispose the same by passing an appropriate order as expeditiously as possible preferably within two weeks from today.
6. OA stands disposed of in view of the aforesaid terms. No costs.
(Sanjeeva Kumar) (R. N. Singh)
Member (A) Member (J)
/neetu/