Central Administrative Tribunal - Patna
Satyendra Kumar vs Epfo on 11 March, 2021
1 OA 172/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
CIRCUIT BENCH AT RANCHI
Registration No. OA /0051/172/2021
CORAM
HON'BLE SHRI M.C.VERMA, MEMBER (JUDICIAL)
HON'BLE SHRI SUNIL KUMAR SINHA, MEMBER (ADMINISTRATIVE)
DATE OF ORDER: 11.03.2021.
Satyendra Kumar, aged 54 years, s/o Late Ram Khelawan Prasad,
resident of H. No. 47, Teachers Colony, Post Office Road, P.O. & P.S.
Mango, Jamshedpur, District- Singhbhum and presently posted as Sr.
SSA District Office, Employees Provident Fund Organization, P.O. & P.S.-
Sahibganj, District-Sahibganj (Jharkhand).
............Applicant
By advocate : Shri A. Khan.
Versus
1. Union of India through the Central Provident Commissioner,
Employees Provident Fund Organisation, Bhavishya Nidhi Bhawan,
14-Bhikaji Kama Place, New Delhi-110065.
2. Additional Central provident Fund Commissioner-cum-appellate
Authority (Bihar & Jharkhand), Employees Provident Fund
Organisation, Bhavishya Nidhi Bhawan, R-Block, Serpentine Road,
Road No. 6, Patna-800001 (Bihar).
3. The Regional Provident Fund commissioner-I (Regional Office),
Employees Provident fund Organisation, Regional Office,
Jharkhand, Bhagirathi complex, near Circuit House, Karamtoli,
Ranchi-834001.
4. The Regional Provident Fund Organisation (Regional Office),
Employees Provident fund Organisation, P.O.-Sakchi, Jamshedpur,
District-East Singhbhum-831012.
5. Assistant Provident Fund Commissioner, Employees Provident
Fund Organisation, P.O. & P.S.-Sahibganj, District-Sahibganj-
816109.
.........Respondents
By Advocate : Shri Rajendra Krishna, ld. Sr. SC for resp. no. 1.
ORDER (ORAL)
Per M.C. Verma, Member (Judl.) :- The matter is at notice stage hearing. Having received advance copy of the OA Shri Rajendra Krishna, ld. Sr. SC has appeared for respondent no. 1. It is informed 2 OA 172/2021 by counsel for applicant that he has served advance copy of OA to counsel for respondent no. 2 to 5 also.
2. As noted above, none has appeared for respondent no. 2 to 5. Instant OA has been preferred by the applicant with prayer to quash punishment order dated 17.05.2019 whereby and where under the disciplinary authority has imposed punishment of stoppage of seven increments on the applicant upto year 2027. Learned counsel Shri A. Khan appearing for applicant submits that applicant is going to retire on 31.07.2025 and the stoppage of increment would go upto 2027. That against the order of disciplinary authority, applicant has preferred appeal on 11.06.2019 but appellate authority has not taken decision on the appeal of the applicant till yet. He further urged that applicant was booked in a criminal case under section 376, 377 and 417 of IPC and on the basis of same imputation, charge memorandum of disciplinary proceeding was prepared by the department and on the basis of that imputation, punishment order has been passed. That applicant has since been acquitted from criminal charges hence disciplinary proceeding has lost his sanctity.
3. Learned counsel Shri R. Krishna submits that though he is not representing the department but there is a different yardstick for decision of criminal case and disciplinary proceeding. He also submits that appeal of the appeal is pending and, therefore, this OA is not maintainable. Learned counsel for applicant at this stage submits that OA may be disposed of with direction to the 3 OA 172/2021 respondents to dispose of the appeal of the applicant within stipulated time frame fixed by this Tribunal.
4. Considered the submissions. Taking note of entirety, this OA is disposed of with direction to the respondents to take steps for consideration of departmental appeal of the applicant and to pass a reasoned and speaking order thereon at the earliest latest within four months.
[ Sunil Kumar Sinha ] [ M.C. Verma ] Member (A) Member (J) Pkl/