Central Administrative Tribunal - Chandigarh
Ravinder Dahiya S/O Sh. Ved Pal Dahiya ... vs Union Of India Through Secretary on 28 May, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH CHANDIGARH O.A.NO. 305/HR/2012 Decided on: 28.05.2012 Coram: Honble Mr. Justice S.D. Anand, Member (J) Honble Mr. Khushiram, Member (A) Ravinder Dahiya s/o sh. Ved Pal Dahiya R/o 2434, Sector 2, HUDA, Bahadurgarh, Jhajjar Haryana, Haryana 124507, Roll No. 1801500292 .Applicant Versus
1. Union of India through Secretary, Department of Personnel and Training, New Delhi.
2. Staff Selection Commission, Block No. 12, CGO Complex, Lodhi Road, New Delhi through its Chairman.
3. Deputy Regional Director, Staff Selection Commission (NWR), Block-3, Kendriya Sadan, Sector 9, Ground floor, Chandigarh. ..Respondents Present: Mr. Sourabh Goel along with Mr. Jagdeep Gulea, counsel for the applicant Mr. Deepak Agnihotri, counsel for resp. No. 1 Mr. D.R. Sharma, counsel for Respdtns. No. 2 & 3 Order (Oral) BY HONBLE MR. JUSTICE S.D. ANAND, MEMBER(J)
1. It is apparent, from a conjunctive perusal of the pleadings raised by the parties, that no opportunity of a hearing came to be afforded to the applicant herein before the impugned order came about. In order to be sure on facts, we put it to the learned counsel for the respondents to invite out attention to any material available on record to indicate than an opportunity of a hearing had indeed been afforded to the applicant before granting the impugned order. He is not in a position to invite our attention to any material on the record on the basis whereof he could raise a plea that the principle of natural justice had indeed been observed.
2. In the light thereof, we would allow the O.A. and quash the impugned order. If the competent authority is still inclined to proceed against the applicant herein, it may act in the matter but it will be incumbent upon it to observe the principle of natural justice by affording an opportunity of a hearing to the applicant. The competent authority shall have a fortnights time (from the date a copy of this order is presented in its office) to take a conscious decision about whether to proceed afresh against the applicant. In case a decision is taken to proceed against the applicant, the competent authority shall have another fortnights time to conclude the proceedings. Needless to state, the applicant shall, in the latter eventuality, fully cooperate in conclusion of the exercise. If another advertisement notice comes to be issued in the meantime, the applicant shall be allowed to appear at the examination provisionally.
3. There shall be no order as to costs of the cause in the facts and circumstances of the case.
4. Disposed of accordingly.
(JUSTICE S.D. ANAND) MEMBER (J) (KHUSHIRAM) MEMBER (A) PLACE: Chandigarh Dated: 28.05.2012 mw
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