Central Administrative Tribunal - Jaipur
Ram Lakhan Alias Lakhan Meena vs M/O Railways on 12 February, 2020
OA No. 291/372/2018 1
CENTRAL ADMINISTRATIVE TRIBUNAL
JAIPUR BENCH, JAIPUR
ORIGINAL APPLICATION NO. 291/372/2018
DATE OF ORDER: 12.02.2020
CORAM
HON'BLE MR. SURESH KUMAR MONGA, JUDICIAL MEMBER
HON'BLE MR. A. MUKHOPADHAYA, ADMINISTRATIVE MEMBER
Ram Lakhan alias Lakhan Meena S/o Shri Ram Sahai Meena,
aged about 48 years, working as TCM-III, SSE Railway Station,
Western Railway, (TELE), Gangapurcity R/o Village Daleelpura
Post Bijalpur Tehsil Karauli District Karauli - 322255.
....Applicant
Shri Rajendra Soni, counsel for applicant.
VERSUS
1. Union of India through Divisional Railway Manager, Western
Central Railway Near Railway Station Kota (Rajasthan) -
324002.
2. Senior Divisional Personnel Officer, Western Central Railway,
Kota Division Near Railway Station, Kota - 324002.
3. Assistant Personnel Officer (S&T), Office of Divisional Railway
Manager (DRM), Western Central Railway, Near Railway
Station, Kota-324002.
4. General Manager, Western Central Railway, Jabalpur (MP) -
482001.
....Respondents
Shri Pankaj Kumar Verma, proxy counsel for
Shri S.K. Saini, counsel for respondents.
ORDER (Oral)
Per: Suresh Kumar Monga, Judicial Member At the very outset, learned counsel for the applicant submitted that the relief claimed in the present Original Application has been declined to the applicant because of the pendency of an appeal against an order of conviction dated OA No. 291/372/2018 2 30.10.1999 recorded by the District and Sessions Judge, Karauli in Sessions Case No. 33/96.
2. While referring to an order dated 25.10.2000 passed by the Hon'ble High Court of Rajasthan, Jaipur Bench in S.B. Criminal Misc. Stay Petition No. 886/2000 in S.B. Criminal Appeal No. 683/1999, whereby the aforesaid order of conviction has been stayed, learned counsel for the applicant submitted that the benefit claimed herein cannot be declined to the applicant; more particularly when he has already been granted promotion on the post of Wireless Telecom Maintainer Grade-III vide order dated 04.09.2009 (Annexure A/2).
3. Learned counsel for the applicant submitted that the applicant may be permitted to file a representation before the respondents, while referring to the order dated 10.05.2016 passed by Allahabad Bench of this Tribunal in the case of Jai Chandra vs. Union of India & Ors. (OA No. 330/00754/2012) and a judgment dated 23rd September, 1999 passed by the Hon'ble High Court of Allahabad in the case of Sada Nand Misra vs. State of U.P. and Another ; 2000 (1) AWC 180, which squarely cover the issue involved here in this Original Application. Learned counsel still further submitted that the applicant will be satisfied if a direction is issued to the respondents to decide the said representation of the applicant within a time frame while keeping in view the aforesaid order and judgment passed by Allahabad Bench of this Tribunal as well as by the Hon'ble High Court of Allahabad.
4. Keeping in view the afore-stated limited prayer made by learned counsel for the applicant, we deem it appropriate to OA No. 291/372/2018 3 dispose of the present Original Application without entering into the merits of the case.
5. Accordingly, the present Original Application is disposed of with the observations that if such a representation is filed by the applicant within a period of one month from the date of receipt of a certified copy of this order, the same shall be considered by the respondents and a reasoned and speaking order shall be passed within a period of two months thereafter while keeping in view the order dated 10.05.2016 passed by the Allahabad Bench of this Tribunal in the case of Jai Chandra (supra) and the judgment dated 23rd September, 1999 passed by the Hon'ble High Court of Allahabad in the case of Sada Nand Misra (supra).
6. Ordered accordingly. No order as to costs.
(A. MUKHOPADHAYA) (SURESH KUMAR MONGA) ADMINISTRATIVE MEMBER JUDICIAL MEMBER Kumawat