Central Administrative Tribunal - Kolkata
Smt Jayati Mukherjee vs National Institute Of Fashion ... on 8 March, 2019
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.* BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL----- i
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KOLKATA BENCH
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Smt. Jayati Mukherjee
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% wife of Sri Kalyan Kumar Mukherjee,
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aged about 50 years, Associate Professor, & -
P National Institute of Fashion Technology
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(NIFT), presently posted at. Patna NIFT ) Campus, Mithapur Farms, Patna 800001, ir- *:■ * Bihar, earlier posted at Kolkata NIFT Iv'i: Campus,- Plot No. 3B, LA Block, Salt Lake City, Sector - III, Kolkata 700098, i t resident of 17, Nazrulpally, Ir; ;;
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<v~ Mahamayatala, Garia, Kolkata 700084, I / . West'Bengal and also residing at Hotel 'fey- • Mani International, Opposite Jakkanpur ,:-v . Thana'. and NIFT ,Mithapur Bus Stand *'S-' ■t Road , Mithapur, Patna-800001, Bihar i Applicant I| kr • - Versus -
'r- • - 1i The Union of India, service through
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(. the Secretary, Ministry of Textiles,
';.- Government of India, Room No. 130-A,
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Udyog Bhawan, New Delhi 110 011 •fc »• i.
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2. National Institute of Fashion
Technology (NIFT), Head Office (HO), service through the Director General, NIFT HO, NIFT Campus, HauzKhas, t Near Gulmohur Park, New Delhi 110016 \
3. The Board of Governors (BoG), i.
National Institute of Fashion Technology, t.. service through the Chairperson, BoG -
NIFT, c/o, Registrar - HO, Establishment Department II, NIFT HO, NIFT Campus, 1 i, HauzKhas, Near Gulmohur Park, New r- ' Delhi 110016 i / v
4. The Director, National Institute of i • Fashion Technology, Kolkata, NIFT v Campus, Plot No. 3B, LA Block, Salt Lake City, Sector - III, Kolkata 700098
5. Col. Subroto Biswas (Retired), Director, National Institute of Fashion Technology, Kolkata, NIFT Campus, Plot •:
No. 3B, LA Block, Salt Lake City, Sector
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& Respondents •V m r' S CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH O.A/350/315/2019 Date of Order: 08.03.2019 MA./350/169/2019 Coram: Hon'ble Mr. A.K Patnaik, Judicial Member Smt Jayati Mukherjee -vs- NIFT, M/o Textiles porthe Applicant(s): Mr. B. Samanta, Counsel For the Respondent(s): Mr. J. Mukherjee, Counsel Mr. R. Haider, Counsel ORDER fORALl i A.K Patnaik. Member fH:
3 S' Heard Mr. B.Samanta, M^Qounsel fb applicant, and Mr. J.Mukherjee, Ld. Counsel appearing-foi^fepp ranmes, 4^^, in ^eVo.
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2. As no-one a Dpears onig^na^^ . I, 2 and 3 and Mr. R.Halder, Ld Coun jelp^ho usSi^^oc □ s^^hop Respe^ddits, is present in the 11 ri i \o Court, on my request, Mn^iman d'^S&py of me O.A., along with V\ // \N. vN annexures, on him as IydoMoCAvaht4he OffipkrCRespQiiderfts to go unrepresented.
^rirs Heard Mr. R.Halder, in extehsp •i • 3. The applicant has moved this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:
....4 "a) Direction do issue quashing and/or setting aside the r. appointment of the private respondent as Director, NIFT, Kolkata campus under Circular dated 13.02.2017 in terms of offer of appointment dated 24.01.2017, and thereupon directing /declaring that the applicant is entitled to the said post of
i) Director, NIFT, Kolkata campus, with all consequential benefits;
■j b] Direction do issue upon a competent authority to enquire into yV the allegations made in the instant application and fix up responsibility and thereupon a direction do issue for proceeding in accordance with law on the.basis of such report on fixation of responsibilities for such illegalities/irregularities;
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c) Direction in the nature of certiorari do issue upon the / /' respondent authorities directing them to produce and/or cause to be produced the entire records of the case and thereupon to pass necessary orders for rendering conscioriable justice;
d) Cost and costs incidental thereto;
e) And/or to pass such other or further order or orders as to your Lordships may seem fit and proper."
4. Brief facts of the case of the applicant as narrated by Ld. Counsel for the applicant is that the applicant joined NIFT, Kolkata as Assistant Professor on contract basis in the year 2003 and subsequently was regularised. In September 2016, application was invited for the post of Campus Director and .v. 'j-r the applicant applied for the-said -post ahd^vyas shortlisted for interview.
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However, Private Respondent was selected for tee sakl post; Thereafter, the / V* XT fTX. aS.
applicant was transferred tQ^^tnaWfl^hereafter^led an RTI asking for information regaldiftg seIcess^IoiC,!he pcgt bf Director. It is submitted that frlmSe docfifieS^OTW^'^m RTI^hJ applicant came to . . B. know that the selection prS^e^^^ini^^s^^ration ofRecruitment Rules.
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On-being asked whether thd^apputanUhasA/entiiateJ is grievance before the
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authorities, Ld. Counsel for^he^^rheaiiLsubmi&d^tfiat after receipt of RTI reply, the applicant has approached this Tribunal. However, he prays liberty of this Tribunal to ventilate his grievance before the authorities.
Having heard Ld. Counsel for both the parties, I dispose of this O.A. by granting liberty to the applicant to make a comprehensive representation putting forth his grievance r.
before Respondent No.3 within a period of two weeks from the date of receipt of copy of this order and if such representation is preferred by the applicant within two weeks from the date of receipt of copy of this order then Respondent No.3 is directed to consider the same as per rules and regulations governing the field and communicate the result thereof by well reasoned order \Al **■ ^ within a period of six weeks from the date of receipt of representation. Although, I r have not expressed any opinion on the merit of the matter still then I make it clear that if after such consideration it is found that the grievance of applicant is genuine and some inadvertent mistake was committed during the selection process then expeditious steps be taken within a further period of six weeks to give.the applicant appointment.
6. With the aforesaid observation and direction, this O.A. stands disposed of.
Consequently, M.A. No. 169/2019 is also disposed of. No costs.
7. Copies of this order be handed oyer to Ld. Counsel for the parties. Applicant is also granted liberty to annexxoV^^^^sfafder.aioTig with the representation to be preferred before RespoSetent No (A.K.Patnaik) | Member(J) .
RK/PS