Central Administrative Tribunal - Delhi
N. C. Saxena vs Union Of India & Others on 12 November, 2010
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH NEW DELHI P.T. NO.198/2010 This the 12th day of November, 2010 HONBLE SHRI JUSTICE V. K. BALI, CHAIRMAN N. C. Saxena Applicant ( By Shri Padma Kumar S., Advocate ) Versus Union of India & Others Respondents ( By Shri R. L. Dhawan, Shri Sat Pal Singh, Advocates ) O R D E R
N. C. Saxena, in the Original Application filed by him under Section 19 of the Administrative Tribunals Act, 1985, has sought setting aside of order dated 20.3.2010 as also order dated 1.4.2010, and in consequence of setting aside the said orders, to direct the respondents to conduct a supplementary examination in respect of the applicant for the post of ACM. In short, the applicant claims to be senior to the 5th respondent, and would thus claim precedence for his appointment on the post of ACM. Inasmuch as, the territorial jurisdiction to entertain and try the OA is with the Allahabad Bench of the Tribunal, a misc. application under Section 25 of the Act of 1985 seeking retention of the OA at the Principal Bench at Delhi has been filed. In that regard, it is pleaded that the applicant is posted at Agra, and if he has to travel to Allahabad, which is at a distance of 450 kms. from Agra, it would be inconvenient for him, and that Delhi which is only 200 kms. from Agra would be more suited to him. It is pleaded that the son of the applicant has just passed 12th standard and the applicant is trying for his admission in a suitable institution, whereas his daughter is 24 years old, and it would be more convenient and less expensive for him if the OA is heard and disposed of by the Tribunal at Delhi.
2. On notice, the respondents have entered appearance. Replies have been filed by respondents 3 and 4 separately. Prayer of the applicant has been opposed only on the ground that all original files and papers pertaining to seniority of the applicant are with the Allahabad office and it would be more convenient if the present OA is filed by the applicant before the Allahabad Bench.
3. I have heard the learned counsel for parties and examined the records of the case. Surely, convenience of a citizen needs to be given precedence over the convenience of the Government. The records, if at all, may be required to be seen only for a day or so. Railways have offices throughout the country and if one employee may have to take records from Allahabad to Delhi for a day or so, it would not be difficult, whereas it would be extremely difficult for the applicant to travel on number of occasions to Allahabad. Keeping in view that the applicant is not occupying a high post and is in the process of settling his children, this Court is of the view that the OA needs to be retained at the Principal Bench. Ordered accordingly.
( V. K. Bali ) Chairman /as/