Central Administrative Tribunal - Kolkata
Dibyendu Naskar vs Railway Recruitment Board on 9 August, 2019
1
CENTRAL ADMINISTRATIVE TRIBUNAL
UBRfi >;
KOLKATA BENCH J
KOLKATA
O.A/350/950/2019 Date of Order- 09.08.2019
Coram: Hon'ble Ms. Bidisha Banerjee, Judicial Member
Hon'ble Dr. (Ms.) Nandita Chatterjee, Administrative Member
Dibyendu Naskar, son of Dilip Kumar Naskar, residing
at Kamrabad, Ahutitala, Post Office and Police Station
- Sonarpur, Kolkata - 700150.
--Applicant
Versus
1. Union of India, Ministry of Railways, through the
Secretary Ministry oLRailways, having office at 256*A,
Rail Bhavan^Raisina Road,/New Delhi - 110001.
2. Railway Recruitjnents^oards/Kolkata, service through
its Chairman^havin^ ./its'office at^Metro Railway, A.V.
Complex, CfiitpJuri 'oppoiitCto^R.G/KarlMedical College
^^osp#tfi^e|oikai|f0037- ■
3. The. Chairinan^^he^Railw^ Recriuittnent Boards,
Kolkata, having ^its ^ office .,/at Metro Railway, A.V.
Complex, Chitpur.ioppositefeto R.G. Kar Medical College
and Hospi^tT^fer^ad;:Kolkata -/700037.
4. Ministry/pf Railway, Uniomof India, service through the
Secretary, haying- its -Office at /Rail*1 Bhavan, Raisina
Road, New'Delhi ^"MOOOl. y
5. The Chairman, Railway Recruitment Board, New
Delhi, Ministry of Railways, having its office at FROA
Office, Rail Bhavan, Raisina Road, New Delhi - 110001.
■■Respondents
For The Applicant(s): Mr. B. Chatterjee. counsel
For The Respondent(s): Mr. P. Bajpayee, counsel
ORDER (Oral)
Per: Ms. Bidisha Baneriee. Member (J):
Heard Id. counsel for both sides.
2. This application has been filed to seek the following reliefs:
"a) To cancel, rescind, revoke, set aside, and recall the declaration in case of your applicant as not qualified in the said Score Card dated 26th April 2019 for Part B examination of 2nd 2 stage CBT, forthwith, by making necessary rectification and/or modification.
b) To declare the applicant qualified in the said Part B examination of 2nd stage CBT after making necessary rectification and or modification.
c) To consider the applicant's Representation dated 7th May 2019 after affording reasonable opportunity of hearing to your applicant or his representative.
d) To bring the applicant within the zone of consideration after declaring him qualified for the said part B examination of 2nd CBT.
e) To call for the entire records of this case before this Hon'ble Tribunal so that considerable justice may be rendered.
0 To pass any other order or orders as this Hon'ble Tribunal may deem fit and proper."
3. The applicant is aggrieved as time to time normalised marks that was given showing him as eligible for Part 'B' have been reviewed and the last review shows him as "not eligible" for PartnB''and the applicant apprehends that he won't secure a berth against the available ^vacancy if it is filled up and which would be filled up shortly.7-He has^challdhged the action of the ' i .{/■ respondents in changing their ppsitipn^agaLin.and' again.^ *
4. The applicant seeks protection ofithis Tribunal till his application is disposed of.
5. Ld. counsel for the respondents would,submit that the O.A can be _ ... ■"
disposed of with a direction upon the authorities to consider in a time bound manner.
6. Accordingly, without entering into the merits, we dispose of the O.A with a direction upon the competent authority to look into the grievance of the applicant as highlighted in the representation, consider it in accordance with law and dispose it of with an appropriate reasoned and speaking order before filling up the vacancies of the notification No. CEN 1/2018 for the post of Refrigeration and Air Conditioning Mechanic. No costs. (Nandita Chatterjee) (Bidisha Baiierjee)