Central Administrative Tribunal - Chandigarh
Tilak Raj vs Rcf on 21 July, 2022
1
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
Hearing by Video Conferencing
O.A. No.060/605/2022
Chandigarh, this the 21st day of July, 2022
HON'BLE SH. SURESH KUMAR MONGA, MEMBER (J)
(On video conference from Central Administrative Tribunal,
Chandigarh Bench, Chandigarh)
HON'BLE SH. RAKESH KUMAR GUPTA, MEMBER (A)
(On video conference from Central Administrative
Tribunal, Bangalore Bench, Bangalore)
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Tilak Raj (Tech-II EMP No. 150212) aged 60 years, son of
Kishan Chand, resident of Village Puran Pur, Post Office
Param Rampur, Tehsil and District Jalandhar, Punjab
(Aadhaar Card No. 5301-3638-5259, Mobile No. 75085-
62565)
...Applicant
(BY ADVOCATE: Sh. Inderjit Sharma)
VERSUS
1. Union of India, Ministry of Railway, 256-A, Raisina Road,
Rajpath Area, through its Central Secretariat, New Delhi,
Delhi-110001.
2. General Manager Exercising the Powers of Appellate
Authority, Rail Coach Factory, Kapurthala.
3. Working Manager/Maintenance (MTC-III), Rail Coach Factory,
Kapurthala.
...Respondents
2
O R D E R(Oral)
Per: SURESH KUMAR MONGA, MEMBER (J):
1. The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, making therein a prayer for quashing of order dated 16.05.2017 (Annexure A-5).
2. At the very outset, learned counsel for the applicant submitted that aggrieved by the order dated 16.05.2017, the applicant had preferred an appeal on 24.07.2018 (Annexure A-6). However, the Appellate Authority has failed to take any decision over the said appeal uptil now, compelling him to invoke the jurisdiction of this Tribunal.
3. Learned counsel further stated that the applicant will be satisfied if the present Original Application is disposed of with a direction to the Appellate Authority to decide his pending appeal dated 24.07.2018 (Annexure A-6) and a reasoned and speaking order is passed over the same within a time frame.
4. Keeping in view the aforestated limited prayer made by learned counsel for the applicant, we deem it appropriate to dispose of the present Original 3 Application, at the admission stage itself, without entering into the merits of the case.
5. Accordingly, the Original Application is disposed of with a direction to respondent No. 2 herein to decide the applicant's pending appeal dated 24.07.2018 (Annexure A-6) and pass a reasoned and speaking order in accordance with law. Before taking such a decision, the applicant shall also be afforded an opportunity of hearing. The whole exercise shall be undertaken within a period of six weeks from the date of receipt of a certified copy of this order.
6. Ordered accordingly. However, there shall be no orders so as to costs.
(RAKESH KUMAR GUPTA) (SURESH KUMAR MONGA)
Member (A) Member (J)
ND*