Central Administrative Tribunal - Delhi
Dr Rohit Chopra vs Gnctd on 22 December, 2022
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O.A. No. 3788/2022
Item No. 03
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 3788/2022
This the 22nd Day of December, 2022
Hon'ble Mr. Tarun Shridhar, Member (A)
Hon'ble Mr. Manish Garg, Member (J)
Dr. Rohit Chopra (Group - A) (Major Penalty Case)
S/o Late Shri Krishan Prkash Chopra
R/o, 122, E-II, Sector-18,
Rohini, Delhi 110089
Phone: +91-8368520028
E-mail: [email protected].
...APPLICANT
(By Advocate : Mr. Ravi Kumar)
VS.
1. The Chairman, MAIDS
Represented by: The Chief Secretary
Govt. of NCT of Delhi,
Indeprastha Estate, Sachivalaya,
New Delhi-110002.
E-mail:[email protected]
2. The Director - Principal,
Maulana Azad Institute of Dental Sciences,
(MAIDS), MAMC Campus,
Bahadur Shah Zafar Marg,
New Delhi-110002.
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O.A. No. 3788/2022
Item No. 03
E-mail:[email protected]
3. Government of NCT of Delhi
Through : Secretary, Health & Family Welfre
Department, 9th Floor,
Indeprastha Estate, Sachivalaya,
New Delhi-110002.
E-mail:[email protected]
Phone:011-23392017
4. Dr.Tulika Tripathi,
Heart Department (Orthodontics),
Maulana Azad Institute of Dental Sciences,
(MAIDS), MAMC Campus,
Bahadur Shah Zafar Marg,
New Delhi-110002.
E-mail:[email protected]
Phone:+91-9654700970
5. Shri D.S. Pndit, (Retd. IAS),
Inquiry Authority (I.A.)
Indeprastha Estate, Sachivalaya,
New Delhi-110002
E-mail:[email protected]
Phone:+91-9999195105.
...RESPONDENTS
(By Advocate : Mr. Amit Anand)
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O.A. No. 3788/2022
Item No. 03
ORDER (ORAL)
Hon'ble Mr. Tarun Shridhar, Member (A) The applicant places challenge upon the disciplinary proceedings initiated against him which culminated in imposition of a major penalty.
2. In the present O.A., he has impugned the charge memorandum, the report of the Inquiry Officer and the final order of penalty, issued by the disciplinary authority. There is no order of the appellate authority on record.
3. Learned counsel for the applicant on a specific query put up by us informs that the applicant has filed a statutory appeal in accordance with the provisions of CCS (CCA) Rules before the designated appellate authority. He submits that the said appeal was filed on 08.12.2022 and the appellate authority is yet to take a decision thereupon.
4. Issue notice.
5. Mr Amit Anand, learned counsel accepts notice on behalf of the respondents.
6. In view of the facts, as detailed above, it is quiet apparent that the applicant has not only approached this Tribunal without exhausting the alternative 4 O.A. No. 3788/2022 Item No. 03 statutory remedy available but has also approached us prematurely as the appeal was filed less than 2 weeks back.
7. Learned counsel also submits that the subject of the present O.A. was also agitated earlier in O.A. No. 1732/2021 which was disposed of on 20.12.2022 with a liberty to the applicant to file a fresh O.A. The liberty was given against the background that a major penalty was imposed upon the applicant.
8. Against the background of these developments, in our considered view, it would be appropriate to dispose of the present O.A. at the admission stage itself and we are proceeding to do so with the consent of the learned counsel for the parties.
9. Accordingly, the present O.A. is disposed of with a direction to the designated appellate authority to take a well considered decision upon the pending appeal of the applicant in accordance with the rules and on the basis of the available record, as expeditiously as possible and in no case later than 8 weeks from the date of receipt of a certified copy of this order.
5O.A. No. 3788/2022 Item No. 03
10. We would like to emphasize that while passing these directions we have neither examined nor commented upon the merits of the claim of the applicant.
11. The O.A. stands disposed of against the background of these directions / observations.
There shall be no orders as to costs.
(Manish Garg) (Tarun Shridhar)
Member (J) Member (A)
/NISHA/