Central Administrative Tribunal - Lucknow
Dinesh Kumar Vaish Aged About 55 Years ... vs Chief General Manager on 14 February, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL LUCKNOW BENCH, LUCKNOW Original Application No: 197/2012 This, the 14th day of February, 2013 HONBLE SRI JUSTICE ALOK KUMAR SINGH, MEMBER (J) HONBLE SRI D.C. LAKHA, MEMBER (A) Dinesh Kumar Vaish aged about 55 years son of Sri Keshav Ram Vaish r/o H.No. A-68 Awas Vikas Colony, District-Sitapur. Applicant. By Advocate: Sri U.K. Verma Versus 1. Chief General Manager, Bharat Sanchar Nigam Limited, Gandhi Bhawan, Lucknow. 2. General Manager, Bharat Sanchar Nigam Limited, Lucknow. 3. Telecom District Manager, Mainpuri. 4. Chief General Manager, Bharat Sanchar Nigam Limited, Meerut. Respondents. By Advocate: Sri S.P.Singh for Sri U.V.Singh for R.No. 3 and 4 Sri G.S. Sikarwar for R.No. 1 and 2 ORDER (Dictated in open court)
By Honble Mr. Justice Alok Kumar Singh, Member (J) Heard at the admission stage.
2. A specific plea has been raised in para 5 of the Counter Affidavit filed on behalf of respondents No. 3 and 4 to the effect that the O.A. is not maintainable before this Tribunal at Lucknow Bench because the cause of action if any has accrued within the territorial jurisdiction of the Honble Tribunal at Allahabad as would appear from the perusal of Annexure No.2 itself which is an order of suspension dated 24.1.2011 passed by Telecom District Manager, Mainpuri which is within the ambit of CAT, Allahabad and not Lucknow. Similarly, the order dated 5.12.2011 placed at Annexure No. 3 is the order by means of which, the suspension order was revoked. Though the applicant has not placed on record the relevant order regarding recovery of subsistence allowance for the relevant period but it has been brought on record by the respondents No.3 and 4 as Annexure No.2, on the basis of which the impugned recovery is being made. This order has also been passed by the officer concerned at Mainpuri which is also out-side the territorial jurisdiction of this Tribunal. The learned counsel for the applicant has to say nothing substantial against this objection except that the applicant may be permitted to file fresh O.A. before Allahabad Bench of this Tribunal.
3. In view of the above, without entering into merit of the case, this O.A. is dismissed on the ground of territorial jurisdiction. The applicant may however, file O.A. before appropriate forum in accordance with law if he is so advised. No order as to costs.
(D.C. LAKHA) (ALOK KUMAR SINGH) MEMBER (A) MEMBER (J) HLS/-