Central Administrative Tribunal - Kolkata
Moloy Chandra Mandal vs N.F.Railway on 14 August, 2023
seed, ww 2 . , oa 1046/2023 7. The Public Information Officer, Sr. DCM/KIR, DRM _ Office, Katihar, N.F. Railway, Katihar, Bihar, Pin- 854105. 8. The Senior Divisional Personnel Officer, Katihar, N.F. Railway, Katihar, Bihar, Pin- 854105. 9. The Senior DEE/TRS/MLDT, N. F. Railwy, Malda Town, District- Malda, Pin- 732102. 10. The Divisional Railway Manager (DRM), N.F. Railway, Katihar Division, Katihar, PO DRM Building/Katihar, District- Katihar, Pin- 854105, Bihar. evecetneeeaes Respondents For the Applicant a : Mr. R. Saha, Counsel For the Respondents None ORDER(Oral)
* \ Per: Jayesh V. Bhairavia, Judicial Member
4. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief:
"(i) An order do issue directing the respondents to withdraw and/or rescind and/or cancel the impugned letter dated 13.01.2023 vide no.
EM/254/1/JE/59 issued by the ADME/D/MLDT for SR/DME/D/MLDT to Senior SE/D/MLDT being Annexure "A-4" to this application is otherwise bad, illegal, arbitrary and malafide and as such the same is liable to be quashed and/or set aside.
(ii) An order do issue directing the respondents, their agents, servants, subordinates, employees and/or assignees to reassess and/or re-' evaluate the answer sheet of the applicant and award full marks to the correct answers and declare that applicant as passed and empanel in the
- selection result which was declared on 13.01.2023 by modifying the declared result and appointment letter be issued in favour of the applicant to the ST post of JE/Elec. (Intermediate apprentice quota/Elec.) against 25% vacancies of MLDT DSL Shed in terms of Notification dated 08.02.2022, (iti) An order do issue directing the respondents to issue appointment letter in favour the applicant for ST post of JE/Elec. (Intermediate apprentice quota/Elec.) against 25% vacancies of MLDT DSL Shed in terms of Notification dated 08.02.2022 since the applicant correctly answered 65 questions.
(iv) An order to issue directing the respondent to transmit and produce the records of the case including question paper, answer scripts of all x "3 oa 1046/2023 candidates before this Hon'ble Tribunal so that conscionable justice may be administered.
(v) An order do issue by appointing one expert to re-evaluate the answer script of the applicant.
(vi) An/or such pass further order or orders direction or directions as your Lordships may deem fit and proper."
2. Inthe instant OA, it emerges from the record that the representation of the applicant dated 26.05.2023 (Annexure-A/8) followed by a reminder dated 08.06.2023 (Annexure-A/9) before the ADRM/Katihar Division, N. F, Railway for reconsideration of the selection of JE/D/E (Intermediate) in reserve quota for ST category, is pending for consideration and decision.
3. Learned Counsel for the applicant, after arguing for some time, submit that the applicant will be satisfied if appropriate direction be issued upon the respondents to consider his pending representations dated 26.05.2023 and 08.06.2023, expeditiously.
4. Considering the aforesaid submission, we deem it fit to dispose of this original application, at admission stage, with a direction upon the respondents to consider the pending representations of the applicant, as per the extant rules and to take appropriate decision expeditiously, and to intimate the decision to the applicant forthwith.
5. It is made clear that we have not expressed any opinion on the merits of the claim of the applicant, and all points are kept open for consideration by the respondents.
6. In view of the above, OA stands disposed of.
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(Suchitey Wtmar Das) (Jayesh V. Bhairavia) Administrative Member Judicial Member s] -