Central Administrative Tribunal - Mumbai
Central Administrative Tribunal vs Union Of India & Ors on 12 April, 2013
1 O.A. No. 28/2009 CENTRAL ADMINISTRATIVE TRIBUNAL BOMBAY BENCH, MUMBAI Original Application No.: 28/2009 Date of decision : 04 December 2013 CORAM : HON'BLE SMT CHAMELI MAJUMDAR, MEMBER (J) HON'BLE SHRI MRUTYUNJAY SARANGI, MEMBER (A) Shri Hanmant Dattatraya Gurav Ex-Gramin Dak Sevak, Branch Post Master, Khandali Branch Post Office, (under Velapur Sub-Post Office), Pandarpur H.O. 413 113 R/at Khandali (via Velapur), Tal. Malspras, (Dist. Solapur) 413 113. ... Applicant (By Advocate Shri S.P. Kulkarni) VERSUS 1. Union of India & Ors Through Superintendent of Post Offices, Pandharpur Division, At Post Pandharpur HPO, (Dist. Solapur) 413 304. 2. Director of Postal Services Pune Region, Office of the Postmaster General, Pune Region, Camp. Near CTO, At Post Pune HPO 411 001. 3. Postmaster General Pune Region, PMG Regional Office, at Camp. Near CTO, At Post Pune 411 001, At Tal. Dist. Pune HPO, Maharashtra 411 001. ... Respondents (By Advocate Smt. J.K. Rehel) 2 O.A. No. 28/2009 O R D E R (Oral) Per: Hon'ble Smt. Chameli Majumdar, Member (J)
It appears that the applicant has not exhausted all the remedies. The applicant has filed this Original Application challenging the Appellate Order dated 31.03.2008, whereby the order of punishment of Removal from Service was confirmed. Rule 19 of the DGS Conduct and Employment Rules, 2001 provides for Revision. Shri Kulkarni submits that the remedy under revision was available to the applicant. He makes a prayer to grant liberty to the applicant to file a Revision Petition, before the appropriate Revisioning Authority on condonation of delay.
2. Section 70 of the Central Administrative Tribunal Act provides that the applicant should exhaust all remedies available to him under the relevant Service Rules.
3. Prayer is granted. The Original Application No. 28/2009 is dismissed as withdrawn. Liberty is granted to the applicant to file a Revision Petition in terms of Rule 19 of the GDS Conduct and Employment Rules, within 12 weeks from the date of receipt of a copy of 3 O.A. No. 28/2009 this order. The respondent no. 3, being the Revisioning Authority, is directed to consider the Revision Petition on merit after condoning the delay, within eight weeks from the date of submission of the Revision Petition.
4. The Original Application is accordingly disposed of.
(Dr. Mrutyunjay Sarangi) (Smt. Chameli Majumdar) Member (A) Member (J) sc/n