Central Administrative Tribunal - Ernakulam
S Santhoshkumar vs Dr Arun Kumar Panda Secretary Govt. Of ... on 20 February, 2019
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CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH
Contempt Petition No.180/00075/2018
in Transfer Application No.180/00004/2016
Wednesday, this the 20th day of February, 2019
CO RAM:
HON'BLE Mr.E.K.BHARAT BHUSHAN, ADMINISTRATIVE MEMBER
HON'BLE Mr.ASHISH KALIA, JUDICIAL MEMBER
S.Santhoshkumar,
S/o.late S.Santhakumari,
Residing at Aparna House,
Pettah, P.O.Poonithura, Kochi - 682 038. ...Petitioner
(By Advocate - Mr.Vishnu S Chempazhanthiyil)
versus
1. Dr.Arun Kumar Panda,
Secretary to the Government of India,
Ministry of Micro, Small & Medium Enterprises,
7th Floor, A-wing, Nirman Bhavan, New Delhi - 110 011.
2. Shri.Sanjib Roy, The Director,
The Khadi and Village Industries Commission,
Garmodaya, 3, Irla Road, Vile Parle (West),
Mumbai - 400 056.
3. Ms.Preetha Verma, The Chief Executive Officer,
The Khadi & Village Industries Commission,
Garmodaya, 3, Irla Road, Vile Parle (West),
Mumbai - 400 056.
4. Shri.G.Guruprasanna, The Deputy Chief Executive Officer,
Chairman of Committee for Compassionate Appointment,
The Khadi & Village Industries Commission,
Garmodaya, 3, Irla Road, Vile Parle (West),
Mumbai - 400 056. ...Respondents
(By Advocates - Mr.N.Anilkumar, SCGSC [R1]
& Mr.Legy Abraham [R2-4])
This application having been heard on 20 th February 2019, the
Tribunal on the same delivered the following :
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O R D E R (ORAL)
Per : Mr.E.K.BHARAT BHUSHAN, ADMINISTRATIVE MEMBER The order of this Tribunal was to restore the petitioner's name in the list for consideration of compassionate appointment 'repeatedly without any time limit'. In the affidavit filed on behalf of Respondent No.2 it is maintained that the name of the petitioner has been indicated. But it is also added that after 17.5.2012 the Relaxation Committee has not had a single meeting.
2. When this Tribunal ordered restoration of the petitioner's name in the list for consideration, it is also to be inferred that the decision is for considering the eligibility of the petitioner for selection. There appears to be no such committment made in the affidavit filed before us. We are of the view that the Contempt Petition can be closed at this juncture by directing the 3rd respondent to convene a meeting of the Relaxation Committee and consider the eligibility of the candidates who are in the list including the petitioner. We do so. This exercise shall be completed within a period of three months from the date of receipt of a copy of this order. The Contempt Petition is accordingly closed and notices stand discharged.
(Dated this the 20th day of February 2019)
(ASHISH KALIA) (E.K.BHARAT BHUSHAN)
JUDICIAL MEMBER ADMINISTRATIVE MEMBER
asp
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List of Annexures in C.P.No.180/75/2018 in T.A.No.180/00004/2016
1. Annexure P-1 - True copy of the order dated 24.10.2017 in T.A.No.180/00004/2016 of the Hon'ble Tribunal.
2. Annexure R-2(a) - True copy of the letter No.A-11011(1)/2010-KVI- II of the Ministry of MSME dated 3.5.2012.
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