Central Administrative Tribunal - Patna
Amrendra Kumar vs Hudco Division on 13 December, 2022
1
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
O.A. No. 051/000403/2022
Date of Order: 13.12.2022
CORAM
HON'BLE MR M.C. VERMA, MEMBER [J]
SHRI SUNIL KUMAR SINHA, MEMBER [A]
1. Amrendra Kumar S/o Sri Badri Nath Varma, Resident of Flat 1B, Ratna
Priya Apartment, Bosconagar, Latma Road, PO Hatia, PS
Jaggannathpur,Dist.-Ranchi, Jharkhand. Presently posted as Senior
Manager (Projects) & CO HUDCO Regional Office, Ranchi
.......... Applicant.
By Advocate :- Shri M.N. Thakur
-Versus-
1. The Union of India through Chairman cum Managing Director M/S
HUDCO Ltd, Core 7A, HUDCO BHAWAN, India Habitat Centre, Lodhi
Road, New Delhi-110003.
2. Regional Chief, HUDCO Regional Office Maple Plaza, 6th Floor, Ashok
Nagar, PO Doranda, PS Argora, District- Ranchi, Jharkhand-834002.
......... Respondents.
By Advocate :- Shri Rajendra Krishna for Respondent no.1
Shri P.A.S Pati for Respondent no.2.
O R D E R (O R A L)
M.C. Verma, M[J]
1. The O.A. is at admission stage hearing. This O.A. has been preferred at the stage when the Inquiry Officer has submitted his Inquiry Report to the Disciplinary Authority and the matter was pending for decision of Disciplinary authority. The prayer of applicant was to restrain the Disciplinary Authority to pass any order.
2. In pleading it was averred that the Disciplinary Proceedings initiated by the Disciplinary Authority is suffering from illegality. Notice in the OA has been directed and respondent no. 2 has filed reply as well and on behalf of Respondent no.1 (The Union of India) it has been stated at Bar 2 by Shri Rajendra Krishna that Union of India is only a formal party and there is no need to file reply. The matter is at admission stage. It is informed today at Bar by counsel for applicant that after filing of this OA Disciplinary authority has passed the order inflicting punishment of reduction in Rank by two stages and that against said order of Disciplinary Authority applicant has preferred departmental appeal
3. A joint request has been made by the counsel for applicant and by the counsel for contesting party Respondent no.2, that OA may be disposed of with direction to the Appellate Authority to dispose of the Appeal and it was also states at Bar by respondent's counsel that Appellate Authority would take decision on appeal within six weeks' time.
4. Having considered the entirety and other surrounding circumstances as well the submission advanced, we deem it fit and proper to dispose of this OA at this stage itself with direction to the respondents to consider and dispose of the Departmental Appeal of the applicant within eight weeks. Ordered accordingly. Needless to say that though it was informed that Appeal would be decided in six weeks but despite that we to ensure that the appeal must be decided in given time period are granting eight weeks' time to decide the Appeal.
(Sunil Kumar Sinha) [M.C. Verma] Member (A) Member [J] mks/-