Central Administrative Tribunal - Delhi
Shri Pawan Kumar vs Shri P.V.Kumar on 27 May, 2013
Central Administrative Tribunal
Principal Bench, New Delhi
C.P.No.112/2013
O.A.No.4226/2012
This the 27th day of May, 2013
Honble Dr. Dharam Paul Sharma, Member (J)
Honble Mr. Sudhir Kumar, Member (A)
Shri Pawan Kumar
S/o Shri Late Shri Hanumant Singh
Deputy Director (Administration), NTRO,
R/o A-23, Sector-71,
Noida (UP)-201301. Petitioner.
(By Advocate: Shri M.K.Bhardwaj)
Versus
1. Shri P.V.Kumar, Chairman,
National Technical Research Organization (NTRO),
Government of India, Block-3, Old JNU Campus,
New Delhi-110067.
2. Shri G.S.N.Raju, Centre Director (CMMS),
National Technical Research Organization (NTRO),
Government of India, Block-3, Old JNU Campus,
New Delhi-110067.
3. Shri Jai Jeet Singh, Controller of Administration (COA),
National Technical Research Organization (NTRO),
Government of India, Block-3, Old JNU Campus,
New Delhi-110067.
4. Air Comdr.(Retd. Virender Seghal,
Director (Establishment-II),
National Technical Research Organization (NTRO),
Government of India, Block-3, Old JNU Campus,
New Delhi-110067. Respondents.
(By Advocate: Shri Rajesh Katyal with Shri Viplav, Asstt.Director)
O R D E R (ORAL)
Dr. Dharam Paul Sharma, Member (J):
This Contempt Petition has been filed alleging non-compliance of the interim order passed by this Tribunal on 13.12.2012 in the Original Application No.4226/2012. The petitioner is inter alia challenging the circular dated 04.07.2012 regarding filling up the posts mentioned therein on deputation basis. Notice was issued in the Original Application and by way of interim relief, this Tribunal had directed the respondents to go ahead with the selection as per the notification but the final result shall not be declared without the leave of this Tribunal. The respondents have accordingly processed the matter and the final result thereof has not been declared so far. In the meantime, the respondents issued another circular in the Employment News dated 19-25, January, 2013 for the posts mentioned therein alleges that this amounts to willful disobedience of the Tribunals direction, as contained in its order dated 13.12.2012.
2. Shri Rajesh Katyal, learned counsel for the respondents vehemently opposed this stating that this circular is in respect of certain other posts wherein there are more than the posts of Director (Administration). The earlier circular was with regard to other posts and this circular with regard to some other posts.
3. The petitioners contention is that there are two posts of Director (Administration) and as per the recruitment rules, 2/3rd of the posts are to be filled up by promotion (from Deputy Director having five years service) failing which by deputation and 1/3rd on deputation.
4. Having heard the learned counsel for the parties and giving our careful consideration to the averments made in the Contempt Petition, we do not find any willful disobedience on the part of the respondents in the matter and accordingly this Contempt Petition is closed. Notices issued to the respondents are discharged.
(Sudhir Kumar) (Dr.Dharam Paul Sharma) Member (A) Member (J) /kdr/