Central Administrative Tribunal - Jabalpur
J.N. Malpani vs Union Of India on 19 July, 2016
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH,
JABALPUR
Original Application No.200/00334/2016
Jabalpur, this Tuesday, the 19th day of July, 2016
Mr. A.K. Patnaik, Judicial Member
J.N. Malpani, S/o Late Shri P.D. Malpani Aged about 59 years, R/o 36, E-8 Extension Arera Colony, Bhopal (M.P) - Applicant
(By Advocate Shri Manoj Sharma)
V e r s u s
1. Union of India, Through its Secretary, Ministry of Personnel Public Grievances and Pension, Department of Personnel and Training, Government of India, New Delhi 110001
2. The State of Madhya Pradesh Through its Principal Secretary, General Administration Department Mantralaya, Vallabh Bhawan, Bhopal 462004 -Respondents
(By Advocate Shri S.P.Singh and Shri Vijay Pandey)
ORDER(ORAL)
By A.K. Patnaik, JM.-
Heard Mr. Manoj Sharma, Ld. Counsel for the applicant, Mr. S.P.Singh, Ld. Sr. Central Govt. Standing Counsel appearing for the Union of India, and Mr. Vijay Pandey, Ld. Counsel appearing for the State of M.P.
2. I find from the record that some of the documents are in Hindi. Mr. Sharma, Ld. Counsel for the applicant, fairly submitted that it is not possible on his part to give English translated copies of those documents within the short span of time. However, at the outset, he submitted that since the appeal of the applicant is still pending with the Respondent-authorities, the applicants grievance can be redressed if a direction can be issued to the Secretary, Govt. of India, Department of Personnel and Training (Respondent No.1), at this stage, to consider the appeal so preferred by the applicant on 14.01.2016 under Annexure-A/7 within a specific time frame.
3. As the appeal of the applicant filed under Rule 16 of the All India Services (D&A) Rules, 1969 for cancellation of the suspension order issued by the General Administration Department, Govt. of M.P. dated 28.12.2015 is stated to be pending consideration, I do not think that it will prejudice either of the sides if the matter is disposed of by directing the Respondent No.1 to consider the appeal of the applicant as per Rules. Accordingly, without going into the merit of the matter, we dispose of this O.A., at this stage by directing Respondent No.1 to consider the appeal dated 14.01.2016 as per rules and regulations in force, if the same is still pending consideration, and pass a reasoned and speaking order within a period of four weeks from the date of receipt of a copy of this order communicating the same to the applicant. However, if in the meantime, the said appeal has already been disposed of then the order be communicated to the applicant within a period of two weeks form the date of receipt of a copy of this order.
4. With the aforesaid observation and direction, this O.A. stands disposed of. No costs.
5. Certified urgent copies of this order be given to the Ld. Counsels for both the sides as per rules by tomorrow. Applicant is at liberty to bring to the notice of both Respondent Nos.1 & 2 this order by Speed Post, if so advised.
(A.K. Patnaik) Judicial Member am 3 OA No.200/00334/2016
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