Central Administrative Tribunal - Delhi
Rajpal S/O Ram Sarup vs Shri Arunendra Kumar on 22 August, 2014
Central Administrative Tribunal Principal Bench, New Delhi C.P. No. 222/2014 in O.A. No.871/2014 Friday, this the 22nd Day of August, 2014 Honble Mr. G George Paracken, Member (J) Honble Mr. Shekhar Agarwal, Member (A)
1. Rajpal S/o Ram Sarup Working as PS-II/Mech Branch, Baroda House, New Delhi.
R/o 701/24, Dev Nagar, Sonipat.
2. Mukesh Kumar Sharma S/o Sh. P.C. Sharma, Working as PS-II/HQ Office/ Mech. Branch, Baroda House, New Delhi.
R/o Flat No.81-B, Pocket-E, G.T.B. Enclave, Delhi-93
3. Smt. Sunder Prabha W/o Sh. R.K. Goel, Working as PS-II/HQ Office/ Mech. Branch, Baroda House, New Delhi.
R/o H.No.414/21, Gurgaon.
4. Smt. Urmil W/o Sh. Ashok Verma, Working as PS-II/CSTE/P/West.
R/o GP-100, Maurya Enclave Pitampura, Delhi.
5. Smt. Santosh Hasija, W/o Sh. B.B. Hasija Working as PS-II/NR/Hqrs. Office, S&T/M, BH, R/o 293-Block, Saraswati Vihar, Pitampura, Delhi-34
6. Smt. Rupa Tehilramani W/o S.R. Tahilramani Working as PS-II, NR/Hqrs. Office, S&T/M, Baroda House, New Delhi.
R/o 245, Laxmi Bai Nagar, New Delhi.
7. Lila Gangwani S/o Sh. M.K. Gangwani Working as PS-II, Security Branch, Northern Railway Hqrs., Baroda House, New Delhi.
R/o Star Apartments, Rohini, New Delhi.
8. Joginder Paul S/o Sh. Udhan Singh, Working as PS-I, Stores Branch, Baroda House, New Delhi.
R/o 27/22, Railway Colony, Kishanganj, Delhi.
9. Manoj Kumar S/o Late Sh. Bhoop Singh, Working as PS-II/Stores Branch, Northern Railway HQ Office, Baroda House, New Delhi.
R/o 94-A/Pocket AD, MIG Flats, Pitampura, Delhi-34
10. Rajesh Kumar S/o Sh. Bimal Krishan, Working as PS-II/CSTE/P/East, Baroda House, New Delhi R/o A-79, 1st Floor, Ashok Enclave-II, Sec.-37, Faridabad.
11. Smt. Suresh Arora W/o Sh. Naresh Arora, Working as PS-II/CSTE/P/HQ, Baroda House, New Delhi.
R/o 66, Saraswati Apartments, Sec.-09, Rohini, Delhi.
12. Rakesh Kumar S/o Sh. B.S. Seth Working as PS-II/HQ/Vigilance Branch, Baroda House, New Delhi.
R/o B-135, Sector-22, Noida.
13. Smt. Rajni W/o Sh. Sudhir Vermani, Working as PS-II/HQ/Comml.
R/o R-2/40, Ramesh Park, Laxmi Nagar, Delhi-92
14. Smt. Rita Sharma W/o Late Sh. S.S. Sharma, Working as PS-II/HQ/Comml., R/o 51-B, Cozy Apartments, Sec.-09, Rohini, Delhi.
15. Smt. Renu Goyal W/o Sh. Naresh Goyal, Working as PS-II/HQ/Comml, R/o H-1, 106-107, Sector-11, Rohini, Delhi.
16. Hitendra Kumar S/o Sh. Chandgi Ram, Working as PS-I/CAO/IRPMU, R/o 358/61, Gali No.16, Ashok Vihar, Gurgaon.
17. Mohar Singh S/o Late Sh. Nanak Chand, Working as PS-II/CMPS/SSB, R/o H.No.B-298/1, Gali No.12, Bhajanpura, Delhi-110053
18. Iqbal Singh S/o Late Sh. Pakhar Singh, Working as PS-II/Engg. Branch, Baroda House, New Delhi.
R/o H.No.769-A/28, Gali No.1 Extn., Dev Nagar, Sonipat (Haryana)
19. Bhisham Kumari S/o Mr. Narayan Singh, Working as PS-II/ Engg. Branch, Haroda House, New Delhi.
R/o 174/D-3, Railway Colony, Basant Lane, New Delhi.
20. Balraj S/o Sh. Shadi Lal, Working as PS-II/Engg. Branch, Baroda House, New Delhi.
R/o 713-LIG Flat, Vikaspuri, New Delhi.
21. Praiibha Sethi W/o Sh. Anil Sethi, Working as PS-II/Engg. Baroda House, New Delhi.
R/o D-43/Vijay Nagar, Delhi-110009
22. Neelam Malik W/o Sh. Vijay Malik Working as PS-II/Engg. Baroda House, New Delhi.
R/o D-43/Vijay Nagar, Delhi-110009
23. Archana Bhargava W/o Anil Bhargava, Working as PS-II CCM/PM, R/o 4289/3, Ansari Road, Daryaganj, New Delhi.
24. Naresh Kumar S/o Sh. Baldev Raj, Working as PS-II/CAO/Pis R/o 4-16, Railway Colony, Kishan Ganj, Delhi-07.
25. Smt. Asha Rani W/o Sh. Vipin Kumar, Working as PS-II/HQ Office/ Mech. Branch, Baroda House, New Delhi.
R/o G-10/ Associate Apartments, Patparganj, Delhi-92
26. S.S. Sehgal S/o Ved Pal Sehgal, Working as PS-I/Engg. Branch, Baroda House, New Delhi.
R/o 189-Ashoka Enclave, Peeragarhi, Rohtak Road, New Delhi-87
27. Ashok Kumar Gupta S/o Sh. K.R. Gupta Working as PS-II/AGM Cell, Baroda House,New Delhi.
R/o H.No.40, Pocket B-7, Sector-11, Rohini, Delhi-85
28. Anil Kumar Kohli S/o Late Sh. G.L. Kohli, Working as PS-II/AGM/ Baroda Hosue, New Delhi.
R/o 13/7, Railway Colony, Sewa Nagar, New Delhi.
29. Hans Ram Meena S/o Ram Kishan Meena, Working as PS-II/AGM Cell, Baroda House, New Delhi.
R/o C-25H, Gulabi Bagh, Railway Colony, Lajpat Nagar, New Delhi.
30. Rajender Kumar Sharma S/o Late Sh. M.R. Sharma, Working as PS-II/ GM Cell/ Baroda House, New Delhi.
R/o 4/37, Nehru Nagar, New Delhi.
31. Smt. Dropadi Dewani w/o Sh. A.G. Dewani, Working as PS-II/Engg. Baroda House, New Delhi.
R/o 52-E, College Lane, New Delhi.
32. Praveen Prabha S/o Sh. Shiv Kumar, Working as PS-II/ELS/GZB, R/o 8J-92, Shastri Nagar, Ghaziabad.
33. Smt. Kavita Taneja W/o Sh. Krishan Taneja, Working as PS-II/DRM/DLI, R/o C4E/172, Janakpuri, New Delhi-58
34. Jeewan Pal Verma S/o Late Sh. H.L. Verma, Working as PS-II/Sr. DSTE/T, R/o 9228, St. No.6, West Rohtash Nagar, Shahdara, Delhi-110032.
35. Vijay Kumar S/o Late Sh. Bal Kishan, Working as PS-II/Sr.DE/TRD/NDLS R/o G-57, Jagat Puri, P.O. Krishan Nagar, Delhi-110051
36. Ravinder Kaur Chauhan S/o Sh. S.K. Chauhan, Working as PS-I/SDGM R/o 517-H1A, Krishna Plaza-II, Shalimar Garden, Extn-I, Sahibabad-201002.
37. Smt. Deepak Kumari W/o Sh. Pawan Kumar Working as PS-II/Optg R/o 2/111, Sunder Vihar, New Delhi-110087.
38. Smt. Savita Gulati W/o Sh. Sunil Kumar Gulati, Working as PS-I/Chief Electrical Engineer, R/o CB-44C, Shalimar Bage, Opp. RBI Colony, New Delhi-110088
39. Chander Pal S/o Sh. Darbari Lal, Working as PS-II/CEDE, Elect. Branch, Northern Railway HQ, Baroda House, New Delhi.
R/o H.No.111-C, Mukherjee Park, Tilak Nagar, New Delhi-110018
40. Prem Prakash Meena S/o Sh. K.R. Meena, Working as PS-II/Personnel Branch, BH R/o H.No.3, Gali No.9, Shakti Vihar, Meetnapur, Badarpur, New Delhi-44
41. Hukam Lal Meena S/o Sh. Badri Lal Meena, Working as PS-II/CVO/T, Vig.
R/o 66/8, SZM Railway Colony, Delhi-110007.
42. Ramesh Kumar S/o Sh. Dharam Pal, Working as PS-I/Personnel Branch, BH R/o H.No.1852, Sec.-07, Housing Board Colony, Bahadurgarh.
43. Ragini W/O Shri Ashok Kumar Working as PS-II, Personnel Branch, BH R/o 145, East Punjabi Bagh, New Delhi.
44. Satyawan S/o Sh. Mange Ram, Working as PS-I, Northern Railway, Presently working in DFCCIL, New Delhi.
R/o H.No.423, Sector-6, HUDA Panipat (Har), Applicants (By Advocate: Shri Yogesh Sharma) Versus
1. Shri Arunendra Kumar Chairman, Railway Board Rail Bhawan, New Delhi.
2. Shri A.K. Mital Member/Staff, Ministry of Railway (Railway Board) Govt. of India, Rail Bhawan, New Delhi.
3. Shri Pradeep Kumar General Manager, Northern Railway Baroda House, New Delhi. .Respondents (By Advocates: Shri V S R Krishna and Shri Shailendra Tiwari) Order (Oral) Shri G. George Paracken, M(J):
This contempt petition has been filed for the alleged non implementation of the order of this Tribunal dated 12.03.2014 in OA No.871/2014. The operative part of the said order reads as under:-
4. We, in the above facts and circumstances of the case, direct the respondents to consider the cases of the applicants in the light of the aforesaid Order/Judgment and take a decision under intimation to the applicants within a period of two months from the date of receipt of a copy of this order.
5. With the aforesaid direction, this OA is disposed of. There shall be no order as to costs.
2. In purported compliance of the aforesaid directions of this Tribunal, the respondents have earlier passed an order No. PC VI/2014/CC/3 dated 23.05.2014. The relevant part of the said order reads as under:-
(xxiv) The Honble Tribunal at Madras did not take cognizance of the fact that the category of Private Secretary Grade II (erstwhile Sr. Confidential Assistants) on Zonal Railways have never been identically placed with the posts designated as Private Secretaries in Secretariat/Central Administrative Tribunal and therefore there has never been historical parity. The designations, pay structure and classification as attached to above posts in the past has been as follows :
Central Secretariat/ Central Administrative Tribunal Designation Scale Classification 3rd CPC Private Secretary 650-1200 (Minimum starting pay Rs.710) Group B Steno/Sr. Confidential Assistant 650-960 Group C 4th CPC Private Secretary 2000-3500 (Minimum starting pay Rs.2120) Group B Steno/Sr. Confidential Assistant 2000-3200 Group C 5th CPC Private Secretary 6500-10500 (Minimum starting pay Rs.6900) Group B Private Secretary Grade II 6500-10500 Group C 6th CPC Private Secretary PB2/GP Rs.4800 Group B Private Secretary Grade II PB2/GP Rs.4600 Group C (xxv) The Honble Tribunal at Madras also did not take cognizance of the fact that the recruitment rules/eligibility qualifications/feeder and promotional grades etc. for Private Secretaries Grade II on Zonal Railways have also been different than Private Secretaries in the Central Secretariat Stenographer Service. A comparative position is as followd:-
CSSS Zonal Railways Grade Scale Eligibility Conditions/ Qualifications Grade Scale Eligibility/Conditions/ Qualifications PA PB-2 GP Rs.4600 10 years in lower grade of Steno D in PB-I GP Rs.2400 Steno Gr.I & II (merged) PB-2 GP Rs.4200 2 years in lower grade of Steno in PB-I GP Rs.2400 PS II PB-2 GP Rs.4600 Mode: Seniority cum suitability Eligibility : 2 years in lower grade of Stenographer Gr.I/Gr.II in PB-2 GP Rs.4200 PS Gr.I 7500-12000/PB-2 GP Rs4800 3 years service in grade of 5000-8000/ PB-2 GP Rs.4200 and above.
PS (NFSG) PB3 GP 5400 4 years approved service as PS in PB-2/GP Rs.4800 PS Gr.I (NFSG) PB 3 GP 5400 4 years approved service as PS Gr.1 in PB-2 GP Rs.4800 (xxvi) Honble CAT/Madras at Madras passed their orders without the above knowledge of Statutory rules/relevant material and even Honble High Court upheld the decision of CAT/Madras by dismissing the WP No.5393/2013 at admission stage itself endorsing the findings of CAT/Madras but without taking cognizance of statutory rules/relevant material. As per settled law judgment/orders passed by courts per incuriam have no precedent value as held in A.R.Antulay vs. R.S.Nayak & Anr [1988 AIR 1531, 1988 SCR Supl. (1)]. Further, it is settled law that mere rejection of SLP does not imply upholding of the orders of lower court(s) [Kunhayammed & Ors. Vs. State of Kerela & Anr-AIR 2000 SC 2587].
(xxvii) Government has already set up a new Pay Commission viz. 7th Central Pay Commission. If the Private Secretaries Grade II of Zonal Railways are not satisfied with the pay structure allotted based on the specific recommendations of 6th CPC, they are at liberty to take up the matter afresh with the new Pay Commission, which is the expert body appointed and mandated by the Government for the purpose.
9. In view of the facts mentioned above, it is not feasible to extend the benefit of orders of CAT/PB/New Delhi in OA No.658/2010 (S.Sivagurunathan & Ors. vs. UOI and Anr.) to any other Private Secretaries Grade-II.
10. Accordingly, Board (M.S.) have decided that the position may be communicated to the petitioners in Subject OAs accordingly.
11. Keeping in view the above position, the concerned Authorities of relevant Railway administration are requested to communicate the decision to the Petitioner in subject matters accordingly under acknowledgement and copies of such communication/acknowledgment sent to this office for record.
3. The Tribunal considered the aforesaid order and found that it was prima facie an act of contempt on the part of the concerned officer of Respondent-Railway, Shri Vikram Gulati, Director, Pay Commission-II, Railway Board. However, learned counsel for the respondents, Shri V.R.S. Krishna very fairly submitted that he will instruct the respondents to withdraw the same and pass a fresh order complying with the order of this Tribunal in its letter and spirit. We, therefore, adjourned this case for today and directed Shri Gulati to be present before this Tribunal. The order dated 03.07.2014 passed by this Tribunal in this matter is reproduced as under:-
This Contempt Petition has been filed for the alleged non implementation of the order of this Tribunal dated 12.03.2014 in OA No.871/2014. The said order reads as under:-
According to the learned counsel for the applicants, the case of the applicants herein is covered by an Order of the Madras Bench of this Tribunal in OA No. 658/2010- Shri S. Sivagurunathan and Others v. Union of India represented by the Chairman and Anr. decided on 05.06.2012. The relevant part of the said Order is reproduced as under:-
5. We have heard both sides and perused the records. It is an admitted fact that the applicants herein, who are Railway employees are all covered by the recommendations of the 6th Central Pay Commission. Their pay structure is governed by the Pay recommendation of the Pay Commission appointed by the Government of India from time to time. The Railways have historically followed the Pay Commissions recommendation of the Central Government. Therefore, since the Principal Bench has already held in OA 164/2009 that the relief claimed by the applicant is admissible, we find no reason as to why the same cannot be extended to the applicant herein. It is not the case of the respondents that the recommendation of the Sixth CPC is not applicable to the applicants in this O.A.
6. The respondents have taken the stand that the stand that the Recruitment Rules for the Private Secretaries in the Railways and Private Secretaries in the other departments of the Government of India are different. However, they have not produced any Recruitment Rules to prove that the applicants herein are recruited by separate Recruitment Rules with different standards of academic and professional qualification etc.
7. From all this it can be said that there is no statutory rule which differentiates the applicants herein from that of the Private Secretaries in the Central Secretariat or the Central Administrative Tribunal. Under such circumstances, we are of the opinion that the respondents have not made out a convincing case to deny the benefit of OA 164/2009 to the applicants before us.
8. For the aforesaid reasons we are of the opinion that impugned order cannot be sustained and the same is set aside. The respondents are directed to grant the Grade Pay of Rs.4800/- initially and Rs.5400/- on completion of 4 years regular service in the cadre of Private Secretaries Grade II with Gazette Status with effect from 01.01.2006 as claimed in the OA.
2. The aforesaid order was challenged before the Honble Madras High Court in WP No.5393/2013Union of India represented by the Chairman v. The Registrar, CAT, Madras Bench and Ors. decided on 08.03.2013. The relevant part of the said judgment reads as under:-
4. Heard the learned counsel for the petitioners and perused the materials available on record.
5. While allowing the O.A., the Tribunal held that there is no statutory rule, which differentiates the applicants herein from that of the Private Secretaries in the Central Secretariat or the Central Administrative Tribunal. The Tribunal has granted the same relief to the applicants, following the order dated 19.2.2009 passed in O.A. No.164 of 2009, since they are similarly placed as that of the applicants in O.A. No.164 of 2009. We see no reason to interfere with the order passed by the Tribunal. The writ petition fails and the same is dismissed. Consequently, the connected M.P. is also dismissed. However, there shall be no order as to costs.
3. The respondents have challenged the aforesaid judgment before the Apex Court also vide Special Leave to Appeal (Civil) No.19892/2013, but the same was also dismissed vide judgment dated 08.03.2013. Later on, they filed a Review Petition (Civil) No.3202/2013 in SLP No.19892/2013 (supra) but the same was also dismissed on 28.01.2014.
4. We, in the above facts and circumstances of the case, direct the respondents to consider the cases of the applicants in the light of the aforesaid Order/Judgment and take a decision under intimation to the applicants within a period of two months from the date of receipt of a copy of this order.
5. With the aforesaid direction, this OA is disposed of. There shall be no order as to costs.
2. The respondents have filed an affidavit stating that they have complied with the aforesaid order of this Tribunal by passing the order No.PC VI/2014/CC/3 dated 23.05.2014 issued under the signatures of Shri Vikram Gulati, Director Pay Commission-II, Railway Board. The relevant part of the said order reads as under:-
(xxiv) The Honble Tribunal at Madras did not take cognizance of the fact that the category of Private Secretary Grade II (erstwhile Sr. Confidential Assistants) on Zonal Railways have never been identically placed with the posts designated as Private Secretaries in Secretariat/Central Administrative Tribunal and therefore there has never been historical parity. The designations, pay structure and classification as attached to above posts in the past has been as follows :
Central Secretariat/ Central Administrative Tribunal Designation Scale Classification 3rd CPC Private Secretary 650-1200 (Minimum starting pay Rs.710) Group B Steno/Sr. Confidential Assistant 650-960 Group C 4th CPC Private Secretary 2000-3500 (Minimum starting pay Rs.2120) Group B Steno/Sr. Confidential Assistant 2000-3200 Group C 5th CPC Private Secretary 6500-10500 (Minimum starting pay Rs.6900) Group B Private Secretary Grade II 6500-10500 Group C 6th CPC Private Secretary PB2/GP Rs.4800 Group B Private Secretary Grade II PB2/GP Rs.4600 Group C (xxv) The Honble Tribunal at Madras also did not take cognizance of the fact that the recruitment rules/eligibility qualifications/feeder and promotional grades etc. for Private Secretaries Grade II on Zonal Railways have also been different than Private Secretaries in the Central Secretariat Stenographer Service. A comparative position is as follows :-
CSSS Zonal Railways Grade Scale Eligibility Conditions/ Qualifications Grade Scale Eligibility/Conditions/ Qualifications PA PB-2 GP Rs.4600 10 years in lower grade of Steno D in PB-I GP Rs.2400 Steno Gr.I & II (merged) PB-2 GP Rs.4200 2 years in lower grade of Steno in PB-I GP Rs.2400 PS II PB-2 GP Rs.4600 Mode: Seniority cum suitability Eligibility : 2 years in lower grade of Stenographer Gr.I/Gr.II in PB-2 GP Rs.4200 PS Gr.I 7500-12000/PB-2 GP Rs4800 3 years service in grade of 5000-8000/ PB-2 GP Rs.4200 and above.
PS (NFSG) PB3 GP 5400 4 years approved service as PS in PB-2/GP Rs.4800 PS Gr.I (NFSG) PB 3 GP 5400 4 years approved service as PS Gr.1 in PB-2 GP Rs.4800 (xxvi) Honble CAT/Madras at Madras passed their orders without the above knowledge of Statutory rules/relevant material and even Honble High Court upheld the decision of CAT/Madras by dismissing the WP No.5393/2013 at admission stage itself endorsing the findings of CAT/Madras but without taking cognizance of statutory rules/relevant material. As per settled law judgment/orders passed by courts per incuriam have no precedent value as held in A.R.Antulay vs. R.S.Nayak & Anr [1988 AIR 1531, 1988 SCR Supl. (1)]. Further, it is settled law that mere rejection of SLP does not imply upholding of the orders of lower court(s) [Kunhayammed & Ors. Vs. State of Kerela & Anr-AIR 2000 SC 2587].
(xxvii) Government has already set up a new Pay Commission viz. 7th Central Pay Commission. If the Private Secretaries Grade II of Zonal Railways are not satisfied with the pay structure allotted based on the specific recommendations of 6th CPC, they are at liberty to take up the matter afresh with the new Pay Commission, which is the expert body appointed and mandated by the Government for the purpose.
9. In view of the facts mentioned above, it is not feasible to extend the benefit of orders of CAT/PB/New Delhi in OA No.658/2010 (S.Sivagurunathan & Ors. vs. UOI and Anr.) to any other Private Secretaries Grade-II.
10. Accordingly, Board (M.S.) have decided that the position may be communicated to the petitioners in Subject OAs accordingly.
11. Keeping in view the above position, the concerned Authorities of relevant Railway administration are requested to communicate the decision to the Petitioner in subject matters accordingly under acknowledgement and copies of such communication/acknowledgment sent to this office for record.
3. In our prima facie view, the aforesaid order passed by Shri Vikram Gulati, Director Pay Commission-II, Railway Board is a clear case of willful disobedience of the aforesaid order of this Tribunal. The direction of this Tribunal to the respondents in the aforesaid order was to consider the case of the applicants in the light of the order of the Madras Bench in OA No. 658/2010- Shri S. Sivagurunathan and Others v. Union of India represented by the Chairman and Anr.(supra) as upheld both by the Honble High Court of Madras and the Apex Court. Consequently, if the case of the applicants were considered by the said judgments, they were also to be given the same benefits. If the aforesaid order of this Tribunal was not considered acceptable to the respondents, they also had the remedy as allowed under the rules. Instead, the Respondents have criticized the aforesaid order passed by the Madras Bench and stated in their order that the Madras Bench passed their orders in ignorance of the statutory rules/relevant material. Such a statement on the part of the respondents is deliberate and willful act of disobedience. To call the order of the Madras Bench of this Tribunal which has been upheld by the High Court as well as the Apex Court as an order passed in ignorance of the statutory rules, has to be considered not only a disrespect to the Tribunal but also to the High Court and the Apex Court. Such deliberate and willful disrespect and disobedience of the Courts order cannot be permitted as disobedience of the Courts order strikes at the very root of Rule of Law on which our system of governance is based. No person can defy the Courts order and the perversion of the course of justice shall be prevented. It is unfortunate that the departmental officer, Ms. Monica Singh, Dy. CPO, who is present in the court, is also justifying the aforesaid order passed by Shri Vikram Gulati, Director Pay Commission-II, Railway Board. We also express with concern that according to the said order it was issued with the approval of the Board (M.S.).
4. The learned counsel for the respondents, however, very fairly submitted that he will instruct the respondents to withdraw the aforesaid order and pass a fresh order complying with the order of this Tribunal in its letter and spirit.
5. Considering the aforesaid submission made by the learned counsel, we adjourn the case to 04.08.2014. On that date Shri Vikram Gulati, Director Pay Commission-II, Railway Board, shall be personally present before this court to explain the position as to why the said order dated 23.05.2014 has been passed by him. Registry shall also communicate a copy of this order to the respondents by Speed Post.
Order dasti.
4. Today, when the matter was taken up for consideration, Shri Gulati is present along with the learned counsel for the respondents, Shri V.S.R. Krishna. Shri Krishna has invited our attention to the fresh affidavit dated 31.07.2014 filed by Shri Vikram Gulati, in which he has tendered his unconditional apology for the unwarranted use of words in his aforesaid order. He has also explained that the kind of language used by him in the aforesaid order dated 23.05.2014 was totally inadvertent and due to the fact that he is not well versed with the legal terminology. Accepting that apology, we restrain ourselves from taking any contempt proceeding against Shri Gulati and discharge him.
5. Learned counsel for the respondents, Shri V.S.R. Krishna has also submitted that the Railway Board reconsidered the matter and passed fresh order dated 30.07.2014 in supersession of the earlier order dated 23.05.2014, a copy of the same has also been annexed with the affidavit. According to the said order, after analyzing the case in detail, the General Manager came to the conclusion that the request of the applicants cannot be granted in terms of the Madras Bench order in OA No.658/2010.
6. In the above facts and circumstances of the case, we close this petition but with liberty to the petitioner, to challenge the aforesaid order dated 30.07.2014, in original fresh proceeding, if so advised. Notices issued to the alleged contemnors are also discharged. No costs.
( Shekhar Agarwal) ( G. George Paracken )
Member(A) Member (J)
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