Central Administrative Tribunal - Ernakulam
Manoj V A And Another vs Dep Of Culture on 5 September, 2024
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CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.180/00471/2022
Thursday, this the 5th day of September, 2024.
CORAM:
HON'BLE Mr. JUSTICE SUNIL THOMAS, JUDICIAL MEMBER
1. Manoj V.A.
Aged 46 years, S/o. Achuthan Nair,
Casual Labourer, Office of the Archaeological Survey of India,
Thrissur Circle, Puratattva Bhavan,
FF/19A - K.S.H. B Flats,
Pullazhi PO, Thrissur - 680 012.
Residing at Chullikattil Padinjakara House,
Marathencode P.O, Thrissur - 680 604.
2. Krishnadas J,
Aged 35 years, S/o. Janardhanan P.K,
Casual Labourer, Office of the Archaeological Survey of India,
Thrissur Circle, Puratattva Bhavan,
FF/19A - K.S.H. B Flats,
Pullazhi PO, Thrissur - 680 012.
Residing at Parakkadathu (H), Puthucode P.O.,
Palakkad- 678 687. -Applicants
[By Advocate : Mr. Kaleeswaram Raj, Ms. Thulasi K. Raj & Ms. Shilpa
Soman]
Versus
1. Union of India
Represented by Secretary, Ministry of Culture,
New Delhi, Ground Floor, IGNCA, Janpath Hotel,
Janpath, New Delhi - 110 001.
2. The Archaeological Survey of India (ASI)
Represented by Director General
Dharohar Bhavan, 24 Tilak Marg, New Delhi - 110 001.
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3. Director General
Archaeological Survey of India (ASI)
Dharohar Bhavan, 24 Tilak Marg, New Delhi - 110 001.
4. The Superintending Archaeologist,
Archaeological Survey of India,
Thrissur Circle, Puratattva Bhavan,
FF/19A - K.S.H. B Flats,
Pullazhi PO, Thrissur - 680 012. -Respondents
[By Advocate : Mr. V.N. Mohanadasan, ACGSC]
The Original Application having been heard on 05.09.2024, the
Tribunal on the same day delivered the following:
O R D E R (Oral):-
The order of this Tribunal dated 29.08.2024 is as follows :
"...The matter is posted today in the disposal list for final hearing. Submission was made by the learned ACGSC on 09.08.2024 that a criminal complaint was laid against the applicant herein and FIR registered as 400/2024 by Thrissur City Police for offences punishable under sections 465, 468 & 471 of the Indian Penal Code for allegedly forging the documents and submitting it before this Tribunal and seeking, inter alia, a declaration that he is entitled for regularisation of his appointment. The copy of the FIR in Cr No.400/2024 has been submitted. On the basis of above submission, the matter was adjourned to this day specifically posting it for disposal. The learned Counsel for the applicant seeks time again. Though I take note of the serious allegations levelled against the applicant, since an adjournment is sought on the ground that the applicant's Counsel is laid up, I am inclined to grant one more opportunity. It is made clear that if the applicant does not get ready for hearing on next posting date, appropriate orders of disposing the O.A will be passed that day. List on 05.09.2024 (in the disposal list)..."3
2. When the matter came up for hearing today, the learned Counsel for the applicants submitted that he has filed an application today as M.A No.748/2024 stating that in the light of cloud cast on the documents produced by him before this Tribunal, he proposes to establish the genuineness of the documents/ Annexures produced in the O.A before the appropriate authorities including the investigative agencies. Hence, it is submitted that in case, pending the investigation, the issue is adjudicated either way, there is a remote possibility of the order of this Tribunal affecting the investigation. Hence, he sought permission to withdraw the O.A reserving the right of the applicant to leave open the contention to be agitated at the appropriate stage.
3. Having heard the learned Counsel for the applicants and the learned ACGSC, I feel that this is a fair submission made by the learned Counsel for the applicant. I also feel that any order passed by this Tribunal, pending the investigation, is likely to affect, impliedly or explicitly, the investigation and the prosecution.
4. In the above circumstances, I am inclined to allow the request made in the M.A No.748/2024 and close the O.A with liberty to the applicants to 4 raise all the contentions in the O.A at the appropriate stage. M.A allowed. O.A is closed as above. No costs.
(Dated this the 5th day of September, 2024) JUSTICE SUNIL THOMAS JUDICIAL MEMBER v 5 List of Annexures in O.A No.471/2022 Annexure A1- True copy of the 1st applicant's appointment letter dated 25.03.2003 issued by the Drawing and Disbursing Officer, Archaeological Survey of India, Thrissur Circle, Kerala.
Annexure A2- True copy of the certificate dated 18.01.2011 of the 1 st applicant issued by the 4th respondent.
Annexure A2(a)- True copy of the certificate F.No.03/02/09/G- TRS/877 dated 28.03.2016 of the 1 st applicant issued by the Senior Conservation Assistant, Thrissur Sub Circle.
Annexure A2(b)- True copy of the certificate F.No.03/02/09/G-TRS/1152 dated 02.08.2016 issued by the Junior Conservation Assistant, Thrissur Sub Circle.
Annexure A2(c)- True copy of the certificate F.No. 03/02/09/G- TRS.38 dated 08.01.2019 of the 1 st applicant from the Senior Conservation Assistant, Thrissur Sub Circle.
Annexure A2(d)- True copy of the certificate dated 17.07.2020 issued by the Superintending Archaeologist (I/C), Thrissur Circle. Annexure A2(e)- True copy of the certificate dated 02.12.2021 issued from the Senior Conservation Assistant bearing F.No. 03/02/09/G-TRS/353. Annexure A2(f)- True copy of the certificate dated 13.12.2021 of the 1 st applicant from the Senior Conservation Assistant bearing F.No. 03/02/09/G- TRS/365A Annexure A2(g)- True copy of the certificate F.No. 03/02/09/G- TRS/108 dated 15.03.2022 issued by the Conservation Assistant, Thrissur Sub Circle. Annexure A2(h)- True copy of the certificate dated 06.06.2022 of the 1 st applicant issued from the Conservation Assistant bearing F.No. 03/02/09/G- TRS-257.
Annexure A3- True copy of the letter bearing No. 1/36/ TSR/97- 98/Adm/ dated 28.02.2018 by the Junior Conservation Assistant,Thrissur Sub Circle.
Annexure A4- True copy of the letter dated 29.11.2021 submitted by the 6 1st applicant.
Annexure A5- True copy of the order dated 18.01.2022 issued by the 4 th respondent, File No.: G-27/22/Apr/21/6920904/SUP- 159. Annexure A6- True copy of the letter dated 14.03.2022 submitted by the 1 applicant before the 4th respondent.
st Annexure A7- True copy of the order dated 28.04.2022 from the Superintending Achaeologist bearing File. No. G-27/22/Apr216920904/SUP 974 Annexure A8- True copy of the letter No.F.No.D33/Jan/20/2434986/ADM-984 dated 29.04.2022 of the 4 th respondent to the 3rd respondent forwarding the representation. Annexure A9- True copy of the letter dated 13.05.2022 the bearing F. No.4/12/09/W-TRS/236 issued by Conservation Assistant, Archaeological Survey of India, Thrissur.
Annexure A10- True copy of the letter dated 28.05.2022 bearing F. No.4/12/09/W-TRS/255 issued by Conservation Assistant, Archaeological Survey of India, Thrissur.
Annexure A11- True copy of the 1st applicant's representation dated 07.07.2022 before the 4th respondent.
Annexure A11(a)- True copy of the 2nd applicant's representation 29.11.2021 before the 4th respondent.
Annexure A12- True copy of the representation dated 22.08.2022 submitted by the 1st applicant to the 3rd respondent. Annexure A13- True copy of the representation dated 22.08.2022 submitted by the 2nd applicant to the 3rd respondent. Annexure A14- True copy of the FIR 400/2024 in Thrissur East Police Station dated 07.03.2024.
Annexure A15- True copy of the seizure mahazar issued by the Thrissur East Police station dated 18.03.2024.
7Annexure R1- True Copy of DOPT OM No. 51016/2/90- Esst (C) Annexure R2(a) To R2 (i) - True copies of letters obtained from respective officers.
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