Central Administrative Tribunal - Allahabad
Manjari Chakraborty vs R K Malhotra, Dgqa(P), M/O Defence & Ors on 15 April, 2023
CCP No. 66 of 2021
Open Court
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH
ALLAHABAD.
Allahabad this, the 15th day of April, 2023
Civil Misc. Contempt Petition No.66 of 2021
in
Original Application No. 330/00058/2021
Hon'ble Mr. Justice B.K. Shrivastava, Member (Judicial)
Hon'ble Mr. Mohan Pyare, Member (Administrative)
1. Manjari Chakraborty J.T.O (Retd) aged about 60 years, W/o Sri
Shyamal Kant Chakraborty, O/o CQA (PP) Ashok Path, Kanpur -
208004, Resident of House No.358 Kazi Khera Lal Bangla
Harjinder Nagar, Kanpur, Uttar Pradesh - 208007.
2. Ram Krishna Pathak J.T.O. (Retd), Chemistry DGQA, Kanpur,
aged about 60 years, Son of Sri Sali Gram Pathak, O/o CQA (M)
Ashok Path (since deceased) through his legal representative Smt.
Renu Pathak, aged about 58 years, Kanpur - 208004. Resident of
House No.54-A, Near, Central Bank, Yashoda Nagar, Kanpur,
Uttar Pradesh - 208011.
3. Ram Kumar Bharti J.T.O. (Retd) aged about 60 years S/o Late
Sri Ram Bilas Bharti, O/o CQA (PP) Ashok Path Kanpur - 208004.
Resident of House No.31/3, Babu Purwa Colony, Kidwai Nagar,
Kanpur, Pin Code - 208011.
4. Anil Kumar Bhatnagar J.T.O. (Retd) aged about 60 years S/o Sri
Gyan Swarup Bhatnagar, O/o CQA (M) Ashok Path, Kanpur -
208004 Resident of House No. S- 84 Ravindra Nagar Yoshoda
Nagar Kanpur.
5. Sunil Chandra Katiyar J.T.O. (Retd) aged about 60 years S/o Sri
Cheedi Lal, O/o CQA (M) Ashok Path, Kanpur - 208004. Resident
of House No. J-381 Awas Vikas No.1 Kesav Puram, Kalyanpur
Kanpur - 208017.
6. Ram Shanker Shukla, J.T.O. (Retd) aged about 60 years S/o Sri
Jagdish Prasad Shukla, O/o CQA (M) Ashok Path, Kanpur 208004.
Resident of House No.125/63 L, Blok Flate No.201-II Floor, Space
Apartment Govind Nagar Kanpur - 208006.
7. Ravi Shankar Bajpai, J.T.O. (Retd) aged about 62 years S/o Late
Sri Krishna Kant Bajpai, O/o CQA (M) Ashok Path Kanpur -
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CCP No. 66 of 2021
208004. Resident of House No.107 Ganga Nagar Housing Society
Patrakar Puran, Water Tank Road, P.O. Nawabganj, Kanpur -
208002.
8. Krishna Kumar, J.T.O. (S) Chemistry CQA (P.P.) DGQA, Kanpur
aged about 60 years, Son of Sri Tula Ram Verma, Resident of
House No.1319 W2 Basant Vihar Near Kesa House Basant Vihar
Naubasta Kanpur, Uttar Pradesh - 208021.
................ Applicants
By Advocate : Shri A.K. Singh
Shri Rohit Singh
VERSUS
1. R.K. Malhotra, The Director General of Quality Assurance
Government of India, Ministry of Defence Production -
DGQA, 308 -A D-1 Wing, Sena Bhawan, New Delhi -
110011.
2. Brig. L. Padhi, Additional Director General of Quality
Assurance (Stores), Department of Defence Production,
Government of India, Ministry of Defence, D.H.Q., Post
Office, New Delhi - 110011.
3. Dr. Gurbachan Singh, Controller, Govt. of India, Ministry of
Defence (DGQA), Controllerate of Quality Assurance (M),
Post Box No.229, Kanpur - 208004, Officiating Controller
Govt. of India, Ministry of Defence (DGQA), Controllerate of
Quality Assurance (P.P.) Post Box No.372, Kanpur - 208004.
....Respondents.
By Advocate : Shri Chakrapani Vatsyayan
ORDER
By Hon'ble Mr. Justice B.K. Shrivastava, Member (Judicial) Shri A.K. Singh, counsel for applicants.
Shri Chakrapani Vatsyayan, counsel for the respondents.
2. Heard on compliance.
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3. This contempt petition has been moved for non-compliance of the order dated 14.01.2021 passed in OA No.58 of 2021 by the Single Bench of this Tribunal. In para 04 of the aforesaid order the following direction was passed which reads as under :-
"In view of the limited prayer made by learned counsel for the applicants, no fruitful purpose will be served in keeping this matter pending and it is disposed off finally at the admission stage with the direction to the Competent Authority amongst the respondents, to decide the pending representations of the applicants dated 18.11.2020 (Annexure A-2 of the OA), by a reasoned and speaking order in accordance with law and in the light of the Office Memorandum dated 02.03.2016 (Annexure A-1 to the O.A.) and the judgment dated 17.11.2020 passed by the Hon'ble Delhi High Court in the case of Sh. S.B. Singh vs. National Textile Corporation (Annexure No.3), in case it is applicable to the instant O.A., as it was a matter relating to employees of National Textile Corporation whereas the present case is related to production unit of Defence Services, CQA, within a period of three months from the date of receipt of a certified copy of this order. The order so passed shall be communicated to the applicants without any delay."
4. It appears from the aforesaid direction that the Court did not give any finding upon the claim of the applicant. The liberty was granted to the respondents to decide the representation in the light of judgment of Delhi High Court and the other circulars mentioned in the order. The competent authority of respondents decided the representation by Annexure-A-4. The copy is attached at page No.37. It appears from the aforesaid order dated 01.03.2021 the department did not accept the representation and dismissed the Page 3 of 4 CCP No. 66 of 2021 claim of the applicant about encashment of leave. It is submitted by the applicant's counsel that the leave encashment cannot be retained. The respondents were liable to release the aforesaid payment but in view of this Court because the specific direction was not given by the Court upon the claim of the applicant, therefore, if the applicant having any grievance against the order dated 01.03.2021, he may file the separate OA and challenge the aforesaid order. Otherwise it appears that the substantive compliance has been made, hence no contempt proceedings are required at this stage. Therefore, the contempt proceedings are dropped and the respondents are discharged from their liability.
(Mohan Pyare) (Justice B.K. Shrivastava)
Member(Administrative) Member(Judicial)
RKM/
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