Central Administrative Tribunal - Madras
Dr T L Thanulingam vs M/O Commerce on 3 March, 2023
1 OA 310/00761/2022 &
MA 310/00448/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
O4/310/00761/2022 & MA 310/00448/2022
Dated Friday the 3" day of March Two Thousand Twenty Three
CORAM : HON'BLE MS. MANJULA DAS, Member (J)
; &
HON'BLE MR. T. JACOB, Member {A)
Dr. TLL. Thanulingam
S/o. ¥-T, Thangiah ;
Working as Dy, Chief Controller of Explosives
South Circle, Chennai .
Tower-24, Flat No.403
Sky City Apartment
Opposite to
M Wedding and Convention
Yanagaram -- Ambattur Road .«. Applicant
By Advocate M/s G. Sankaran
Vs
1. Union of India
Rep. by Secretary to Government
Department of Industrial Policy and Permission
Ministry of Commerce and Indusiry
Government of India, New Delhi.
2. Chief Controller of Explosives
Petroleum and Explosives Safety Organisation
Ministry of Commerce and Industry
Government of India
A-Block, 5" Floor, CGO Complex
Seminary Hills, Nagpur, Maharashtra 440 006. .. Respondents
By Advocate Mr. Su. Srinivasan
as.
2 0A 310/00761/2022 &
MA 310/00448/2022
ORAL ORDER
{Pronounced by Hon'ble Ms. Manjula Das, Member(J)) This OA has been filed with the following reliefs:
"To call for the records in the impugned order in R.4(1)/S1/CC 60/2022 dated 05.09.2022 issued by the am respondent and quash the same and grant such other orders or directions as this Tribunal think fit in the circumstances of the case."
2. The applicant has filed this OA challenging the 2™ respondent order dated 05.09.2022 rejecting the applicant's representation for cancelling the transfer order dated 05.07.2022 and permit him to continue at Southern Circle, Chennai as Deputy Chief Controller of Explosives. The above order dated 05.09.2022 issued by the 2"! respondent was based on the' directions of this Tribunal in OA 511/2022 dt. 06.07.2022.
3. During the pendency of this OA, the respondent authority had issued an order dated 21.02.2023 whereby the applicant has been relieved from the Office of Jt. Chief Controller Explosives, South Circle, Chennai 've, after noon of 21st February, 2023 and he is advised to take charge as the Deputy Chief Controller Explosives, Guwahati and forward his charge _ Assumption Report to the Chief Controller of Explosives, Nagpur. .
Challenging the said relieving order, dated 21.02.2023, the applicant has filed another O.A No. 195/2023. The said OA was disposed of by this 3 OA 310/00761/2022 & MA-310/00448/2022 Tribunal by order dated 02.03.2023 with the following directions:
"19, After going into the entire conspectus of the cases and discussions made in the foregoing paragraphs, we found that the applicant has made out a good case for a interference. Accordingly, we direct the réspondents to give him posting at Hyderabad either in the same capacity or in promotional post as he being found place as Ist nominee inP the select list prepared by the DPC held for promotion to the post of Jt. Chief Controller of Explosives and whatever to feel betterment for an employee, in the inferest of the employee as well as the Government respondent, so as to enable to attend his domestic affairs nearby to his Home Station. Ordered accordingly.
20. Consequently, the relieving order dated 21.02.2023 - issued in pursuance of the transfer order dated 05.07.2022 and the transfer order dated 05.07.2022 are quashed and set aside.
21, We. hope and trust that the authority will issue order of promotion, as DPC has already been cleared and 'approved to the post of Jt. Chief Controller of Explosives where the applicant is figured as''first - nominee, within a period of short span of time and the -- - applicant will be adjusted at Hyderabad. , 22, With the above observation and directions, the O.A. stands disposed of. No costs."
4. In view of the order passed in OA 195/2023, this OA has become | infructuous. Accordingly OA is dismissed as infructuous. Consequently, sibs MA 48/2022 for impleading has also become irtfructuous, No orderidsitot* re a .
costs. coe |