Central Administrative Tribunal - Delhi
Sri Ajay Dixit S/O Late S.L. Dixit vs Union Of India Through on 8 August, 2011
Central Administrative Tribunal Principal Bench OA 3686/2010 New Delhi, this the 8th day of August, 2011. Honble Mr. Justice V. K. Bali, Chairman Honble Dr. R. C. Panda, Member (A) Sri Ajay Dixit s/o late S.L. Dixit, Working as Director (Personnel & Legal) Office of the Chief Engineer, Kolkata Zone, Ballygunj Maidan Camp, Gurusaday Dutta Road, Kolkata-700 019. Residing at B-11, CPWD Flts, 14, Iron Side Road, Ballygunj, Kolktta 700 019. Applicant (By Advocate: Mr. Pawan for Mr. VPS Tyagi) Versus 1. Union of India through Secretary, Govt. of India, Ministry of Defence, South Block, New Delhi 110 011. 2. Engineer-in-Chief, Kashmir House, New Delhi 110 011. 3. The Chief Engineer, Headquarters, Eastern Command, Fort William, Kolkata 700 021. Respondents (By Advocate: Mr. B.K. Barera for Mr. Rajiv Manglik) ORDER (ORAL) Justice V. K. Bali, Chairman:
Applicant is holding the post of Director (Personnel & Legal) in the office of Chief Engineer, Kalkata Zone in staff appointment, which is in the rank of Superintending Engineer and equivalent to the rank of Colonel. It is the case of the applicant that as per decision of Ministry of Defence, an officer in the rank of Superintending Engineer, belonging to MES Civilian Gazetted Officer post and a Colonel should not be posted in the same line but they should be posted in separate line so that a Civilian Officer in the rank of Superintending Engineer does not require to report to an officer in the rank of Colonel, which is in the equivalent rank of Superintending Engineer, for initiation of ACR. However, in violation of the said decision taken at the level of Secretary, by impugned communication dated 24.02.2010 the applicant is being compelled to report to Additional Chief Engineer, Kolkata zone for initiation of his ACR, who is also in the rank of Colonel.
2. The ultimate prayer of the applicant is to set aside order dated 24.02.2010, and to issue directions to the respondents to allow him to report to an authority in the hierarchy above the rank of Colonel for initiation of his ACR and accordingly the reviewing and counter signing authorities should also be above the rank of Brigadier and so on.
3. Pursuant to notice issued by this Tribunal, respondents have entered appearance and we have been handed over a copy of the Internal Note dated 05.08.2011, which we hereby order to be placed on record. Paragraph 2 of the Internal Note aforesaid reads as follows:-
2. It has been decided that the APAR in respect of Shri Ajay Dixit for the period from 01.04.2009 to 31.03.2010 and from 01.04.2010 to 15.01.2011 should be initiated by the Chief Engineer, Kolkata Zone. This may be intimated to Honble CAT during the next date of hearing.
4. We are of the considered opinion that in view of the Internal Note referred to above, present Original Application has become infructuous, and the same is accordingly dismissed.
(Dr. R.C. Panda) (V.K. Bali)
Member (A) Chairman
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