Central Administrative Tribunal - Delhi
Sh. Vinod Kumar Luthra vs All India Institute Of Medical Sciences on 19 January, 2010
Central Administrative Tribunal Principal Bench, New Delhi O.A.No.1824/2009 Tuesday, this the 19th day of January 2010 Honble Shri Shanker Raju, Member (J) Honble Dr. R.C. Panda, Member (A) Sh. Vinod Kumar Luthra S/o Late Sh. Mangal Luthra, Worked as D.R. Assistant-II, IRCH-AIIMS, New Delhi, R/o 1-2/75, Second Floor, Sector-16, Rohini 110085. ..Applicant (By Advocate: Mr. M. Tarique Siddiqui) Versus All India Institute of Medical Sciences through its Director, Ansari Nagar, New Delhi. ..Respondents (By Advocate: Sh. Sanjeev Joshi for Sh. Mukul Gupta, counsel for the respondent) O R D E R
Shri Shanker Raju:
The applicant, an erstwhile Dark Room Assistant, Grade-II in AIIMS, impugns respondents order dated 28.08.2006 whereby for remaining absent during the year 2004-2005, on a finding of guilt, a penalty of removal from service has been inflicted upon him.
2. At the outset, applicant against the order of punishment has preferred an appeal, which on RTI information, has been responded -2- to be rendered void ab initio, as the appeal was preferred beyond 45 days from the date of removal.
3. In our considered view, the proportionality of punishment and other legal grounds are to be examined by the departmental authorities. Dismissing the appeal without indicating reasons and without even communicating it to the appropriate authority, as barred by limitation would be unjust to the applicant. Accordingly, after hearing the learned counsel for respondents, who states that applicant is incorrigible and his misconduct has been proved, we dispose of this OA with a direction to the respondents to treat the present OA as a supplementary appeal of the applicant by communicating it to the appropriate authority, and keeping in view the grounds taken, dispose it of by also considering proportionality of punishment by a reasoned and speaking order to be passed within a period of three months from the date of receipt of a copy of this order. No costs.
(Dr. R.C. Panda) ( Shanker Raju ) Member (A) Member (J) /van/