Central Administrative Tribunal - Delhi
P Udaya Kumar vs Nsic on 3 June, 2022
1
O.A. No.1530/2022
Item No.16
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No.1530/2022
Friday, this the 3rd day of June, 2022
Hon'ble Mr. R N Singh, Member (J)
Hon'ble Mr. Tarun Shridhar, Member (A)
P Udayakumar, aged about 59 years
Director (Planning & Marketing)
National Small Industries Corporation Limited (NSIC)
NISC Bhawan
Okhla Industrial Estate
New Delhi - 110 020
Also at:
r/o B 301D, Vasant Kunj Enclave, New Delhi - 110 070
...Applicant
(Mr. S Wasim A. Qadri, Senior Advocate assisted by Mr.
Tamim Qadri and Mr. Saeed Qadri, Advocates along with
applicant)
Versus
1. Union of India through Secretary
Ministry of Micro, Small & Medium Enterprises,
Udyog Bhawan, New Delhi - 110 001
2. National Small Industries Corporation Ltd. (NSIC)
Through
Chairman & Managing Director (CMD)
NSIC Bhawan
Okhla Industrial Estate, New Delhi - 110 020
...Respondents
(Mr. R K Jain, Advocate for respondent No.1 &
Mr. Ajesh Luthra with Mr. Jatin Parashar, Advocates for
respondent No.2)
2
O.A. No.1530/2022
Item No.16
O R D E R (ORAL)
Mr. R N Singh:
In the present O.A. filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following reliefs:-
"A. Quash and set aside the office order dated 15.12.2021, office order dated 29.12.2021, office order dated 11.03.2022 and office order dated 29.03.2022 issued by the respondent no.1;
B. Set aside order dated 29.04.2022 having file no. K-01/3/2022-SME passed by respondent No.1.
C. Direct respondent no.1 to follow and implement the guidelines of DoPT with respect to giving additional charge of CMD, NSIC to the applicant who is the senior most functional director"
2. At the outset, learned counsel for applicant submits that the challenge of the applicant to the impugned order dated 15.12.2021 (Annexure A-1) has become infructuous in view of Office Order dated 26.05.2022 issued by the respondents. The order reads thus:-
"Consequent upon transfer to the post of Joint Secretary and Financial Adviser in Department of Agricultural Research and Education, Smt. Alka Nangia Arora (IDAS:1991), Joint Secretary in the Ministry of Micro, Small and Medium Enterprises is hereby relieved of her duties with effect from the afternoon of 31st May, 2022.3 O.A. No.1530/2022
Item No.16
2. This issues with the approval of Competent Authority."
Accordingly, he does not press the relief contained in paragraph 8 (A) of the O.A.
3. Learned counsel for applicant further submits that though the applicant has prayed for interim relief in terms of paragraph (9) of the O.A., however, in view of the subsequent developments, noted hereinabove, the prayer for interim relief has also become infructuous.
4. Issue notice to the respondents. Mr. R K Jain and Mr. Ajesh Luthra, learned counsels, who appear on advance information, accept notice on behalf of respondent No.1 and respondent No.2 respectively.
5. At this stage, learned counsel for applicant, under instructions from his client, who is also present in the Court, seeks permission to withdraw the present O.A. To this effect, there is no objection from the learned counsels for the respective respondents.
4O.A. No.1530/2022 Item No.16
6. Permission is granted and the O.A. is accordingly dismissed as withdrawn. There shall be no order as to costs.
( Tarun Shridhar ) ( R N Singh )
Member (A) Member (J)
June 3, 2022
/sunil/