Central Administrative Tribunal - Delhi
Mahendra Kumar Singh vs Home Affairs on 18 November, 2024
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Item No. 05/ C-3 O.A. No. 4496/2024
Central Administrative Tribunal
Principal Bench: New Delhi
O.A. No. 4496/2024
This the 18th day of November, 2024
Hon'ble Mrs. Pratima K Gupta, Member (J)
Hon'ble Mr. Rajinder Kashyap, Member (A)
Mahendra Kumar Singh,
Age 37 years, Group 'A', PIS No. 135506,
Deputy Central Intelligence Oficer/Tech,
S/o Shri Parshuram Singh,
R/o Block-A, Flat No. 502, Ample Heights,
Rohit Nagar, BA Wadia Kalan,
Bhopal, Madhya Pradesh-462039.
...Applicant
(By Advocate: Mr. Mahendra Kumar)
Versus
1. Union of India
Through The Secretary,
Ministry of Home Affairs,
North Block, New Delhi-110001.
2. The Director,
Intelligence Bureau,
Ministry of Home Affairs,
North Block, New Delhi-110001.
3. The Joint Deputy Director/G,
Intelligence Bureau,
35, Sardar Patel Marg,
New Delhi-110021.
4. Shri Niket Kumar, PIS No. 135199,
DCIO/Tech.
Intelligence Bureau.
5. Shri Himanshu Joshi, PIS No. 135090,
DCIO/Tech.
Intelligence Bureau.
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Item No. 05/ C-3 O.A. No. 4496/2024
6. Shri Pramod P Thaman, PIS No. 135147,
DCIO/Tech.
Intelligence Bureau.
7. Shri Ashish Bhattacharya, PIS No. 135149,
DCIO/Tech.
Intelligence Bureau.
...Respondents
(By Advocate: Ms. Sangeeta Rai)
ORDER (ORAL)
Hon'ble Mrs. Pratima K Gupta, Member (J) The applicant joined the Respondent Department i.e. the Intelligence Bureau as Assistant Central Intelligence Officer- II/Tech (ACIO-II/Tech.) on 08.07.2011 and was promoted as Assistant Central Intelligence Officer-I/Tech (ACIO-II/Tech.) Thereafter, on 20.08.2018 the respondents circulated the seniority list of ACIO-I/Tech and persons promoted after the date of promotion of the applicant as ACIO-I/Tech. wherein juniors of the applicant were shown as en-bloc senior to the applicant. Accordingly, the private respondents were promoted to the next DCIO/Tech. The applicant was subsequently promoted to the post of DCIO/Tech. on 14.12.2023.
2. Learned counsel for the applicant states that the applicant preferred a representation on 12.08.2024 seeking redressal of his 3 Item No. 05/ C-3 O.A. No. 4496/2024 grievance which is still lying pending with the respondents. In the instant OA, the applicant seeks the following relief:
i. Official Respondents be directed to decide the pending representation of the applicant dated 12.08.2024 within four weeks, by passing a reasoned and speaking Order, thereupon;
OR i. Official Respondents be directed to reconsider the case of the applicant for antedating his promotion as Deputy Central Intelligence Officer/Tech. (DCIO/Tech) w.e.f. 18.02.2021 with all consequential benefits i.e. seniority etc.;
ii. pass any other relief that this Hon'ble Tribunal may consider fit in the interest of justice.
3. None represents the respondents. In view of the limited prayer made by the learned counsel for the applicant, Ms Sangita Rai, learned counsel who is present in the Court and is on the panel of Union of India was called upon in the first call to go through the brief and assist us. She has gone through the brief and vehemently opposes the OA. She states that the representation was preferred by the applicant only on 12.08.2024 and he has not even waited for six months before filing this OA. Accordingly, she states that the OA deserves to be dismissed.
4. Heard the learned counsels for the parties. In view of the limited prayer made by the learned counsel for the applicant, 4 Item No. 05/ C-3 O.A. No. 4496/2024 without entering into the merits of the case, the OA is disposed of with a direction to the competent authority amongst the respondents to decide the representation of the applicant dated 12.08.2024 (Annexure A1) within a period of two months from the date of receipt of a certified copy of this Order. No order as to costs.
(Rajinder Kashyap) ( Pratima K Gupta) Member (A) Member (J) /ks/