Central Administrative Tribunal - Delhi
New Delhi This The 29Th Day Of September vs Union Of India Through on 24 September, 2008
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH CP 299/2008 IN OA 776/2007 New Delhi this the 29th day of September, 2008 Honble Mr. Justice M. Ramachandran, Vice Chairman (J) Honble Mr. N.D. Dayal, Member (A) Sh. Pramod Kumar, S/o Late Sh. Balbir Singh Karar, Gurgaon Village, 8 Biswa, Bhelwara House, H. No. 1336, Gurgaon, Haryana. Applicant. (By Advocate Shri M.K. Bhardwaj) Versus Union of India through: 1. Shri D. Subba Rao, Secretary, Ministry of Finance, North Block, New Delhi. 2. Mrs. Vandana, Chief Commissioner, Custom and Central Excise, CR Building, IP Estate, New Delhi. 3. Sh. Rajesh Manmohan Saxena, Assistant Commissioner (CIU), Office of the Commissioner of Customs, (Import & General) New Custom House, IGI Airport, New Delhi. Respondents. (By Advocate Shri R.N. Singh proxy for Shri R.V. Sinha) O R D E R
Honble Mr. Justice M. Ramachandran, Vice Chairman (J).
OA 776/2007 had been disposed of by a Bench directing the respondents that if the applicant along with valid medical certificates reported to them, they are to admit him to duty as per Rules and instructions. On the basis of the medical report, the interregnum period (of the absence) was to be decided for the purpose of pay and allowances. A Contempt Petition had been filed by the applicant as CP 47/2008 pointing out that a letter addressed to him by the Assistant Commissioner dated 19.12.2007 requiring him to produce valid medical certificates with joining report was a contumacious conduct, as the order was being bye passed.
2. After hearing the respondents, we had disposed of the CP on 04.04.2008 recording submission made on behalf of the applicant that an application will be filed to get the earlier order clarified. MA 862/2008 had been disposed of, and it had been observed that the applicant was required to submit medical and fitness certificates to the respondents as required under the CCS (Leave) Rules, 1972.
3. According to the applicant, further certificates had been produced, but they are also not being taken as valid, and the Assistant Commissioner has issued order dated 06.08.2008 in the following lines:
It is found that the fitness certificate dated 21.07.08 conveying your fitness as on 12.10.06 submitted by you is from the Counsellor of Nai Umeed and not from a recognized medical authority. This is not a valid medical certificate as stipulated in CATs order dated 16.11.2007.
You are, therefore, requested to produce medical fitness certificate from the CMO, Gurgaon, as already directed vide this office letter of even no. dated 28.12.07.
4. Mr. Bhardwaj appearing on behalf of the applicant submits that the certificates produced should have been accepted and it should have been possible to decide the period of absence appropriately. He further submits that the stand now adopted by the respondents is not proper.
5. However, Mr. R.N. Singh, appearing on behalf of the respondents, submits that the applicant has defaulted himself and the certificate produced by him dated 13.12.2007 as well as the one obtained from Nai Umeed is totally insufficient. According to him, the applicant has not complied with the directions at all and he cannot blame the respondents for disobeying the orders of the Court.
6. We are inclined to agree with the submissions made by Mr. Singh. The applicant has not been able to carry out the directions, as expected of him by the order of the Tribunal. Contempt Proceedings are, therefore, dropped and notices will stand discharged.
7. Nevertheless we note that the applicant belongs to the lower rungs of service and he had been affected from drug addiction. He has come out of it now if we take note of the submissions of the learned counsel. He has not been able to join duty, perhaps because of his own lapses but since the respondents have indicated that they have no objections in taking note of the fitness certificate issued by the CMO, Gurgaon, as directed by the letter dated 28.12.2007, the applicant will have the obligation to adopt such a course. We are sure that taking note of the predicament of the applicant as pointed out, the CMO, Gurgaon would oblige him as may be within his power and jurisdiction.
8. CCS (Leave) Rules prescribes forms, to be followed for appropriate use. Taking notice of the condition of the applicant, on verification and his own satisfaction, CMO, Gurgaon may issue a certificate in Form No. 5 so that it may be possible for the applicant, if he is fit, to rejoin duty without delay.
(N.D. DAYAL) (M. RAMACHANDRAN) MEMBER (A) VICE CHAIRMAN (J) `SRD