Central Administrative Tribunal - Delhi
Vishwa Vijay Singh vs Narcotics Control Bureau on 10 September, 2024
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Item No. 04/ C-2 O.A. No. 3531/2024
Central Administrative Tribunal
Principal Bench: New Delhi
O.A. No. 3531/2024
This the 10th day of September, 2024
Hon'ble Mr. R.N. Singh, Member (J)
Hon'ble Mr. Rajinder Kashyap Member (A)
Vishwa Vijay Singh
S/o Sh.Taj Pal Singh
R/o E-206, Sector-I
LDA Colony, Kanpur Road,
Lucknow, Uttar Pradesh
...Applicant
(By Advocate: Mr Abhijit Chakraborty, T. Singhdev)
Versus
1. Union of India,
Ministry of Home Affairs,
Through Secretary,
Apellate Authority,
NDCC-II Building,
Jai Singh Road,
Near Jantar Mantar,
New Delhi-110001
2. Narcotics Control Bureau
Through its Director General West Block-I, Wing
No. 5,
R.K. Puram,
New Delhi-110066
...Respondents
(By Advocate: Dr. Ch. Shamsuddin Khan, Mr Manish Kumar )
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Item No. 04/ C-2 O.A. No. 3531/2024
ORDER (ORAL)
Hon'ble Mr. R.N. Singh, Member (J) By way of the present OA filed under Section 19 of the AT Act, 1985, the applicant prays for the following relief(s):
I. Issue a direction to the respondents to decide and dispose of the appeal dated 26.05.2023 preferred by the applicant;
II. Stay the operation of the order dated 25.04.2023 passed by the Disciplinary Authority, NCB, New Delhi, till the disposal or the appeal preferred by the applicant before the Appellate Authority.
III. Pass such order(s), which this Hon'ble Tribunal may deem fit and proper under the circumstances of the present case.
2. Learned counsel for the applicant submits that pursuant to Departmental Inquiry initiated under Rule 14 of the CCS (CCA) Rules, 1965 the respondents have inflicted penalty of removal upon the applicant vide order dated 25.04.2023 (Annexure A2)
3. Aggrieved by the same, the applicant is stated to have preferred statutory appeal dated 26.05.2023 (Annexure A1) and despite lapse of more than a year thereafter, the said appeal is still pending with the respondents. Thus, the present OA.
4. Issue notice.
5. Dr Khan, learned counsel who appears for the respondents on advance service accepts notice.
6. Learned counsel for the applicant submits that the applicant shall be satisfied if the present OA is disposed of this very stage 3 Item No. 04/ C-2 O.A. No. 3531/2024 with a direction to the respondents to consider the applicant's aforesaid pending appeal dated 26.05.2023 and with further direction to dispose of the same by passing an appropriate order in a time bound manner. To such limited prayer on behalf of the applicant, Dr. Khan learned counsel for the respondents has no objection.
7. In view of the aforesaid, without going into the merits and with the consent of the learned counsels for the parties, the present OA is disposed of with a direction to the competent authority amongst the respondents to consider and dispose of the applicant's aforesaid appeal dated 26.05.2023 (Annexure A-1) by passing a reasoned and speaking order as expeditiously as possible and preferably within six weeks from the date of receipt of a certified copy of this Order.
8. It is further provided that if the said appeal has already been disposed of by the respondents; they shall communicate the same to the applicant as expeditiously as possible and preferably within three weeks from the receipt of a certified copy of this Order.
9. The OA stands disposed of in the aforesaid terms.
10. Associated MA, if any, also stands disposed of. 4
Item No. 04/ C-2 O.A. No. 3531/2024
11. However, in the facts and circumstances, there shall be no order as to costs.
(Rajinder Kashyap) (R.N. Singh) Member (A) Member (J) /ks/