Central Administrative Tribunal - Kolkata
Dr Narendra Shankar Pandey vs M/O Home Affairs on 16 March, 2020
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In Hon'ble Central Administrative Tribunal Kolkata Bench!
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O.A. No. of 2016 ,w'i
An application under Section 19 of the •i
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Administrative Tribunals Act 1985
AND
In the matter of :
Dr. Narendra Shanker Pandey i i
son of R S Pandey working for gain as Dy..
Director, Central Forensic Science
Laboratory (Ballistics), 30,Gora Chand
Road, Kolkata - 700 014 and residing at
Flat No 4, Type V, MS Building, 21-Ritchie
Road, Kolkata-700019\ ; :
...Applicant
i - Versus -
1. Union of India, service through
Secretary, Ministry of Home Affairs, North
Block, New Delhi - 110.001.
2. Chief Forensic Scientist.
Directorate of Forensic Science,, Ministry
;
. of Home Affairs 7 1 Block No. 9, 8th Floor,
CGO Complex, Lodhi Road, 'New Delhi -
110 003.
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3. Director,
Central Forensic Science Laboratory
30,Gora Chand Road, Kolkata - 700 014.
4. Secretary,
■ Union Public Service Commission
Dholpur House, New Delhi.- 110069.
Respondents .ft
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1 0.A/350/739/2016
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
O.A/350/739/2016 Date of Order: 16.03.2020
Coram; Hon'ble Ms. Bidisha Banerjee, Judicial Member
Hon'ble Dr. Nandita Chatterjee, Administrative Member
Dr. Narendra Shankar Pandey.......Applicant
Vrs.
Union of India & Ors. Respondents
For The Applicant(s): Mr. C.Sinha, Counsel
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For The Respondent(s): Ms. P.Goswami, Counsel
Mr. A.K.Chattopadhyay, Counsel
ORDER (ORAL)
Bidisha Banerjee, Member (J);
Heard Ld. Counsels for both the parties.
2. Applicant has preferred this O.A. to seek the following reliefs:
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"oJTp direct the respondent authorities to stay and recaii the notice issued by the UPSC dated 28.04.2016 for holding the Board Assessment to consider for promotion from Deputy Director cum Scientist-D to Director cum Scientist-E under FCS Scheme dated 20.052016 at 10.30 a.m. forthwith and also to recall/rescind benefits of the scheme if extended pursuant notice dated 28.04.2016 and further recalf/rescind the Personal Talk Letters dated 9-5-2016 issued by the respondents.
b) To direct the respondent authorities to consider your applicant's case as directed on 03.12.2015 and allow him to appear Assessment board to be held on 20.05.2016 for the post of director under the FCS Scheme by treating him as a i candidate of 2008 and in the light of Preetpal Singh's Case, N R Parmar's case as well as DOPStT guide line dated 25.03.1996 and judgment passed in Dhirender Singh PariwaTs case (Supra) after treating him eligible.
0. A/350/739/2016 2
c) To pass further order or orders . P.Goswami, by furnishing a At hearing, Ld. Counsel for the respondents , Ms
3. , Central Forensic Science 27.01.2020 addressed by the Director letter dated , along with various Office Orders, submitted that the grievance of the Laboratory already been redressed and, therefore, nothing remains for further applicant has be disposed of accordingly.
adjudication in the matter and the O.A. can , We have perused the letter dated 27.01.2020, which '^produced below.
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4. ' ; CENTRAL FORENSIC SCIENCE LABORATORY DIRECTORATE OF FORENSIC SCIENCE.SERVICES MINISTRY,0F HOME AFFAIRS, GOVT. OF-'INDIA .. 30. GORACHAND ROAD, :KQLKATA-- 70Q-.Q14 . (Phone No. 033-22841768;3187,1638, Pax No.033-22849442). No.CFSL(K)M8/i/OA'-734of 2017/NSP/14^gij Dated:
To Smt. Pranali Goswami, Advocate Sr. Counsel GR.-I Central Administrative Tribunal' Calcutta Bench Kofkata (Mob. No. 9433008893) Sub: Request-for early disposal of OA No. 734 of 2017 and OA No. 739/2016 filed by Dr. N.S.Pandey Vs UOl & Others - reg.
Sir, This is to. inform that Dr. N.S.Pandey, Director and Scientist-E (Retired) has filed following OAs:-
(I) OA No. 734 of 2017 : The applicant prays.for an order restraining lhe.officiai respondents from giving any effect or further effect to the recommendation of the Assessment Board proceeding for the post of Director, CFSL held on 20.05.2016, which has been carried ouCpursuant to the defective Recruitment Rule of 2013 which needs to be set aside and further not to .publish any result of the aforesaid Assessment Board or give effect or further effect to the same without due leave of the court.
(II) OA No, 739/2016: To direct respondents authorities to stay recallthe notice issued by the UPSC dt.28.04.16 for holding the Board assessment to consider for promotion from Dy. Oirector-cum Scientist-D to the post of Director-cum Scientist-E under the-FCS Scheme to -be held on 20.05.16 at 10.30 a.m. This is to inform that Dr. N.S.Pandey, who retired on superannuation on 31.12.2018, has been granted 3ia financial up-gradation under the MACP in PB-3 with grade pay of Rs.7600/- w.e.f.
18.04.201 land subsequently ln-situ promotion to the grade of Director & scientist-D(Ballistics) under FCS scheme on 05.12.2013 (copy enclosed), It is, therefore, requested to make all efforts for early disposal of the above O.As.
Yours faithfully,
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DIRECTOR ^ 1
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3 0.A/350/739/2016
On being asked the response of Ld. Counsel for the applicant, Mr. C.Sinha submitted that the O.A. can be disposed of with liberty to the applicant to agitate the matter in case he is further aggrieved. ! I
6. Having heard the contentions of Ld. Counsel for both the sides, we dispose of this O.A. with liberty to the applicant to approach the Tribunal, if he is further aggrieved. No costs.
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(Nandita Chatterjee) (Bidisha Banerjee)
Member (A) Member (J)
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