Central Administrative Tribunal - Chandigarh
Unknown vs Union Of India Through Secretary on 8 August, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH ORIGINAL APPLICATION NO. -723 of PB 2012 Chandigarh, this the 8th day of AUG, 2013 CORAM: HONBLE MR. RANBIR SINGH, MEMBER (A) HONBLE MR. SANJEEV KAUSHIK, MEMBER (J) Rajesh Gupta S/o Late Sh. Bal Krishan Gupta, aged about 45 years Employment No. 504293, Resident of H.No. 423-b, Gali No. 4, Guru Nanak Nagar, Near Gurbax Colony , Patiala. APPLICANT BY ADVOCATE: None VERSUS 1.Union of India through Secretary, Ministry of Railway, Railway Board, Rail Bhavan, New Delhi. 2.Chief Administrative Officer, Diesel Loco Modernization Works, Patiala (CAO) DMW for Short. RESPONDENTS BY ADVOCATE: SH. G.S.Sathi ORDER
HONBLE MR. RANBIR SINGH , MEMBER(A):-
1.Heard learned counsel for the respondents.
2.We find that the applicant has not been appeared on the following dates i.e. 01.08.2012, 10.09.2012, 16.10.2012, 27.11.2012, 15.01.2013, 16.01.2013, 28.03.2013, 02.05.2013, 16.05.2013 and today also.
3.It appears that the applicant is not interested in prosecuting his case.
4.Learned counsel for the respondents has pointed out and drawn attention towards Para 2 of the reply statement according to which as per the report of the Medical Superintendent, DMW Patiala, the applicant was declared unfit due to dilated cardiomyopathy with ejection fraction 30 % and therefore his name was not included in the list of candidates called for viva-voce (Annexure A-5 with the OA).
5.Sh. G.S.Sathi, learned counsel for the respondents further draws attention to the Para 3 of the reply statement and points out that the applicant obtained 203.5 marks in the written examination and for service record he has obtained 19 marks and even if he was give 25 marks out of 25 in viva- voce, his total marks comes to 247.5, and thus he has no case on merit.
6.In view of the aforesaid statements we find the claim of the applicant in the OA is devoid of merit. Therefore, the OA is dismissed. No Costs.
(RANBIR SINGH) MEMBER (A) (SANJEEV KAUSHIK) MEMBER (J) Chandigarh Dated: 08.08.2013 `JK