Central Administrative Tribunal - Cuttack
S K Lenka vs M/O Railways on 16 August, 2018
6/9/23, 4:45 PM cgat.gov.in/catlive/view_daily_order.php?filing_no=ODk4NS9jdXR0YWNr
CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK
Order Sheet
Item No: 11
O.A./436/2018 No of Adjournment:
[ CHANGE OF IO ] Dated: 16/08/2018
Court No.: 1
S K LENKA
Vs
M/O RAILWAYS
FOR APPLICANTS(S) Advocate : Mr. N. R. Routray
FOR RESPONDENT(S) Advocate : Mr. T.Rath
DAILY ORDER
Heard Mr. N.R.Routray, learned counsel for the applicant and Mr. T.Rath, Learned Standing Counsel appearing for the Railway-Respondents and perused the records.
The Applicant has filed this original Application seeking to quash the order dated 8.8.2018 and 9.8.2018 under Annexure-A/7 & A/8 and to direct the Respondent No.2 to change the IO i.e. Respondent No.4 and appointment another IO.
Learned Counsel for the Applicant submits that after the disposal of the representation submitted by the applicant against the IO the applicant has preferred review petition before the Respondent No.2 on 11.8.2018 and no decision has been taken thereon and on the other hand the IO intends to proceed with the enquiry and in case the enquiry is proceeded the applicant will be highly prejudiced.
Learned Counsel appearing for the Respondents submitted that as the applicant submitted the review only on 11.8.2018 he should not filed the present OA without allowing the respondent No.2 breathing time to take decision on the same.
Considering the entire facts of the matter, without expressing any opinion on the merit of the matter this OA is disposed of with direction to the Respondent No.2 to consider and dispose of the review petition dated 11.8.2018 under Annexure-A/9 in a reasoned order within a period of six weeks from the date of receipt of copy of this order and communicate the result to the applicant. Till such time the IO shall not proceed with the enquiry. No costs.
Nekkhomang Neihsial Manjula Das
Member (A) Member (J)
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