Central Administrative Tribunal - Patna
Niraj Kumar vs Nvs on 3 September, 2024
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CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
O.A. No. 050/00
050/00723/2024
Date: 03.09.2024
CORAM
HON'BLE SHRI AJAY PRATAP SINGH, MEMBER [J]
Niraj Kumar, Age about - 59 years, ADHAR No. No.-316580418137,
316580418137,
Son of Late Ram Swarup Singh, Resident of Maurya Vihar, Road No.
No.--
3, P.S.-Khagaul,
P.S. Patna - 801105 at present performing his duty as a
Post Graduate Teacher (Hindi), Jawahar Navoday Vidyalay, Rewar,
Nawada, Bihar, PIN
P - 805101.
.......... Applicant.
-Versus
Versus-
1. The Union of India, through the Commissioner, Departmentof
School Education & Literacy, Ministry of Education, Govt. of India,
New Delhi - 110001.
2. The Deputy Commissioner, Navoday Vidyalay Samiti, Regional
Office, Block - A & B, 5th Floor, Kendriya Karyalay Parisar, Karpuri
Thakur Sadan, Ashiana Digha Road, Patna - 800025.
3. The Assistant Commissioner, Cluster In Charge, Navoday Vidyalay
Samiti, Regional Office, Block - A & B, 5th Floor, Kendriya Karyalay
Parisar, Karpuri Thakur Sadan, Ashiana Digha Road, Patna - 800025.
4. The Principal, Jawahar Navoday Vidyalay, Rewar, Nawada, Bihar,
PIN - 805101.
......... Respondents.
For Applicant : Shri Anjani Kr. Mishra
Mishra, Advocate.
For Respondents
Responden : Shri H.P. Singh, Sr.. C.G.S.C.
O R D E R (O R A L)
AS PER : AJAY PRATAP SINGH, MEMBER [JUDIC [JUDICIAL]
1. Heard learned counsel appearing for the parties through hybrid mode.
2. By way of present OA under Section 19 of Administrative Tribunal, Act 1985 the applicant has claimed following main relief (as extracted from the OA) reads as under:-
under:
(i) That quash/set aside the impugned order dated 30.05.2024 (Annexure - A/6) by which the Applicant has been imposed penalty and confirm the punishment order dated 13.11.2023.023.
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(ii) That quash/set aside theimpugned order dated
13.10.2023 passed by K. Sagarika, Asst.
Commissioner/Cluster Incharge, Navoday Vidyalay Samiti, Regional Office, Patna by which penalty has been imposed upon the Applicant.
(iii) That Lordships may graciously be pleased to direct/command the respondents to restore the pay of the Applicant immediately.
(iv) Any other relief/reliefs including the cost of proceeding may be allowed in favour of the Applicant.
3. Briefly stated facts as adumbrated by the applicant in the present nt OA that applicant is working as PGT GT (Hindi) in Navodaya Vidyalaya Samiti and going to be superannuated in January, 2025. Applicant is at present serving at JNV, Rewar, Nawada, Bihar as TGT (Hindi). The applicant was served memorandum of charges dated 03.10.2023 .10.2023 and penalty order dated 13.11.2023 was passed (Annexure (Annexure--
A/4). The applicant has preferred Appeal and Appellate Authority vide order dated 30.05.2024 has upheld the order dated 13.11.2023 passed by the Disciplinary Authority.
4. Learned counsel appearing ing for the applicant after arguing for some time submits that applicant will be satisfied if direction is issued to Revisionary Authority Authority to entertain revision petition on merits.
5. Shri H.P. Singh, learned Sr. CGSC appearing for respondents submits that there t is effective alternative remedy under Rule 229 9 of CCS (CCA) Rule, 1965 to file revision petition and the present OA is not maintainable at this stage.
6. Heard. In view of above submission, without expressing any opinion on the merits of the present case, this Tribunal feels it deem and proper, principal of natural justice will be met, applicant is granted liberty to file revision r petition within a period of 30 days from today challenging order dated 30.05.2024 (Annexure - A/6a). The competent authority/respondent is further directed to provide opportunity of hearing to authority/respondent applicant and to consider and decide the re revision petition, if so filed by the applicant, within a period of 60 days from the date of production/receipt of copy of order passed today by passing a reasoned and speaking order on merits and communicate the same to the applicant at the earliest.
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7. Needless to say that this Tribunal has not expressed any opinion on the merits of the present case case and Revisionary Authority is free to decide revision petition of applicant at its own merits in accordance with law without being influenced by the observation made by the Tribunal in the order passed today.
8. In view of above, present OA stands disposed of at admission stage.
9. No order as to costs.
[Ajay Pratap Singh] Judicial Member Central Administrative Tribunal Patna Bench, Patna sks/-