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Central Administrative Tribunal - Delhi

Arvind Khare vs Shri R.K.Mathur on 30 April, 2015

      

  

   

 CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
CP No. 173/2015 in 
OA No. 539/2015
MA No. 961/2015

This the 30th  day of April, 2015

Honble Mr. A.K. Bhardwaj, Member (J)
Honble Mr. V.N. Gaur, Member (A)


Arvind Khare
Aged 39 years,
S/o Late Shri R.P.Khare
Addl IFA, Office of Principal IFA (Army Ord)
R/o EA-1/40, IIIrd Floor,
Inderpuri, 
New Delhi-110012.				 Applicant

(By Advocate:  Mr. Padma Kumar S.)

Versus

1.	Shri R.K.Mathur
	Secretary,
Ministry of Defence,
South Block, 
New Delhi-110011.

2.	Shri Arvind Kaushal, IDAS,
Controller General of Defence Accounts,
Office of CGDA,
Ulan Batar Road Palam,
Delhi Cantt.

3.	Shri A.N.Das
Joint Controller General Defence 
Accounts (Admn.),
Office of CGDA,
Ulan Batar Road Palam,
Delhi Cantt.

4.	Shri Sangeet, IDAS,
Deputy Controller General Defence 
Accounts (Admn.),
Office of CGDA,
Ulan Batar Road Palam,
Delhi Cantt.
			 				.. Respondents
					        		    
(By Advocate: Mr. Rajeev Sharma with
                     Mr. Radhalakshmi R.)

      
ORDER (ORAL)

Honble Shri A.K.Bhardwaj, Member (J) MA No.961/2015 The prayer made in the MA is to seek modification of order dated 09.02.2015 passed in OA No. 539/2015 to the extent that the direction, that applicant should not be relieved till disposal of the OA, be removed from the order. Counsel for applicant in MA (respondents in OA) submitted that the applicant stood relieved from the previous place of posting on 12.01.2015, i.e. before the date on which the Tribunal passed the order.

2. In the counter reply filed on behalf of the original applicant, the factual position that the applicant stood relieved from 12.01.2015 is not disputed. Rather during the course of arguments, counsel for original applicant submitted that the position regarding relieving of the applicant on 12.01.2015 was sufficiently espoused in the Original Application itself. It is not so that the respondents in OA (applicants in MA) have passed fresh order for relieving the applicant after disposal of the OA. Once the fact that applicant has been relieved from service, was part of the pleadings in the OA itself, no fresh order is called for in the MA. MA is disposed of accordingly.

CP No. 173/2015

Counsel for parties are ad idem that the respondents have already passed a speaking order dated 30.03.2015 in compliance of Tribunals order dated 09.02.2015 passed in OA No.539/2015. It is not the case of the applicant that any order relieving the applicant from previous place of posting is passed after 09.02.2015. We do not find any wilful disobedience on the part of the respondents. CP is closed. Notices issued to the respondents stand discharged. 

(V.N. Gaur)                 	               (A. K. Bhardwaj)
Member (A)                      		     Member (J)

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