Central Administrative Tribunal - Chandigarh
Pawan Kumar vs D/O Post on 25 August, 2021
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CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
ORIGINAL APPLICATION NO. 060/00056/2019
DATED THIS THE 25th DAY OF AUGUST, 2021
CORAM:
HON'BLE SHRI SURESH KUMAR MONGA, MEMBER (J)
(On video conference from Central Administrative Tribunal, Chandigarh
Bench, Chandigarh)
HON'BLE SHRI RAKESH KUMAR GUPTA, MEMBER (A)
(On video conference from Central Administrative Tribunal, Bangalore Bench,
Bangalore)
Pawan Kumar s/o Shri Randhir Singh, Village Pipli, P.O. Kharkhoda, District
Sonepat. (GDSBPM (POD), Pipli (Kharkhoda SO), Sonepat Pin 131001.
....Applicant
(By Advocate Sh. Naveen Daryal - through video conference)
Vs.
1. Union of India through its secretary Ministry of Communication and
information technology, Sanchar Bhanwan, New Delhi. Pin 110001.
2. Chief post Master Ambala office, Post office, Disst. Ambala. Pin. 133001.
3. Superintendent of Post Office, Sonepat Division, Sonepat. Pin 131001.
Cadre's,
4. Post Office Department, Village Pipli post office Kharkhoda, District
Sonepat. Pin. 131001
5. Sub Post office Department) (GDSBPM) Village Pipli, Post office
Khurkoda, District Sonepat. Pin 131001.
.....Respondents
(By Advocate Sh. Sanjay Goyal - through video conference)
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O R D E R (ORAL)
PER: SURESH KUMAR MONGA, MEMBER (J)
1. Aggrieved by an order dated 23.04.2018 vide which the applicant's services were terminated by the disciplinary authority, the applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985.
2. In the joint reply filed by the respondents, a preliminary objection has been raised that the present Original Application cannot be maintained as an efficacious alternative remedy of appeal against the order dated 23.04.2018 is available to the applicant.
3. Confronted with this, Sh. Naveen Daryal, learned counsel for the applicant stated that he may be permitted to withdraw the present Original Application in order to file an appeal against the order dated 23.04.2018 passed by the disciplinary authority.
4. In view of the above statement made by Sh. Naveen Daryal, the applicant is permitted to withdraw the present Original Application with liberty to file an appeal against the order dated 23.04.2018 and if such an appeal is filed within a period of one month from today, the same shall be disposed of by the appellate authority within a period of 2 months thereafter, without raising the plea of limitation.
5. Needless to observe that before taking a decision over the applicant's appeal, he shall also be afforded an opportunity of hearing.
6. Ordered accordingly. However, there shall be no orders so as to costs.
(RAKESH KUMAR GUPTA) (SURESH KUMAR MONGA)
MEMBER (A) MEMBER (J)
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/NK/