Central Administrative Tribunal - Allahabad
Krishna Chand Pandey vs The Union Of India on 22 July, 2011
Open Court CENTRAL ADMINISTRATIVE TRIBUNAL, ALAHABAD BENCH, ALAHABAD Allahabad, this the 22nd day of July, 2011 Present : Honble Mr. Justice S. C. Sharma, Member-J Honble Mr. D.C. Lakha, Member-A Original Application No.307/2011 Krishna Chand Pandey, aged about 54 years, Son of Late Pandeshwar Nath Pandey, resident of Village, Pure Chakai, Post Office, Pure Ojha, District, Pratapgarh U.P. Presently working as Principal, at Kalu Ram Inter College, Shitlaganj, Pratapgarh-U.P. and previously, posted as Vice-Principal at Jawahar Navodaya vidyalaya, Patehra Kala, District Mirzapur U.P. .......Applicants. By Advocate Shri S. Narain V E R S U S 1. The Union of India, through the Secretary, Ministry of Human Resources Development (Department of Education), Government of India, New Delhi. 2. The Commissioner, Navodaya Vidyalaya Samiti, A-28, Kailash Colony, New Delhi-110048. 3. The Deputy Commissioner, Navodaya Vidyalaya Samiti, Lucknow Region, Lekhraj Panna, IIIrd Floor, Sector-2, Vikas Nagar, Lucknow-226 022 (U.P.). 4. The Principal, Jawahar Navodaya Vidyalaya, Patehra Kala, District Mirzapur-U.P. ......Respondents. By Advocate : Shri N.P. Singh O R D E R
By Honble Mr. Justice S.C. Sharma, J.M. :
Instant OA has been instituted for the following relief(s) :
(i) Issue a suitable order or direction quashing the impugned orders dated 26.11.2010 and 14.2.2011 (Annexure Nos. A-1 and A-2 to Compilation No.I).
(ii) Issue a suitable order or direction restraining the respondents from either harassing or threatening the applicant or attempting to embarrass him at his new place of work.
(iii) Issue a positive and time-bound direction to the concerned respondents to issue appropriate orders protecting the applicants lien at the Navodaya Vidyalaya Samiti for a period of two years, or till his confirmation on the post of Principal at Kalu Ram Inter College, Shitlaganj, Pratapgarh, whichever is earlier, and to sanction him Extra Ordinary Leave for the aforesaid period.
(iv) Award the costs of this original Application in favour of the applicant, throughout.
2. We have heard Shri S. Narain, Advocate for the applicant and Shri N.P. Singh, Advocate for the respondents and perused the entire facts of the case.
3. It has been argued by the learned counsel for the applicant that the applicant has been working on the post of Vice-Principal at Jawahar Navodaya Vidyalaya, Mirzapur. When a post was advertised of the Principal at Kalu Ram Inter College, Shitlaganj, Pratapgarh, U.P., he submitted an application through proper channel after obtaining the Experience Certificate and no Objection Certificate issued by the respondents. The proper selection was conducted by the competent authority for the post of Principal at Kalu Ram Inter College, Shitlaganj, Pratapgarh and applicant was selected for the post. That the applicant moved the respondents to issue relieving order to him and the applicant also submitted technical resignation from the post on dated 17.4.2010 to the respondents. Later on he submitted resignation to respondents but instead of relieving the applicant they initiated the disciplinary proceedings against the applicant for unauthorized absence. The interim relief was granted to the applicant for not initiating the disciplinary proceedings against the applicant. By submitting technical resignation for the post of Vice-Principal, the applicant prayed for retaining the lien on the post of Vice-Principal, Jawahar Navodaya Vidyalaya. Learned counsel for the applicant at this stage stated that the applicant had already been confirmed on the post of Principal at Kalu Ram Inter College after completing the probation period and now he is not pressing for retaining the lien on the post of Vice-Principal. That now the resignation of the applicant may be treated un-conditional.
4. Learned counsel for the respondents argued that in Para 15 of the counter it has been stated that the applicant joined at Kalu Ram Inter College without being properly relieved, accordingly the office has directed vide letter dated 26.11.2010 to send his unconditional resignation for further consideration of the competent authority as his earlier resignation dated 17.4.2010 received on 12.7.2010 was a conditional one. But now in view of the subsequent development of the matter as the applicant has not pressed for retaining the lien and stated that it may be treated a technical resignation. He stated in the court the resignation submitted by the applicant earlier may be treated as un-conditional resignation. Learned counsel for the applicant also in response to the objection alleged in para 15 of the counter argued that he submitted the resignation letter through proper channel as well as an application for relieving him was also through proper channel. It is a different matter that no formal order was passed by the respondents on the application for relieving him but the applicant has fulfilled his application required for this purpose.
5. As due to subsequent change of the event, the applicant tendered his resignation un-conditional, hence it will be just and proper to the respondents to accept this and relieve him accordingly. A letter was sent by the respondents for initiating the disciplinary proceedings due to un-authorized absence as the applicant had already submitted the resignation. Now it will be presumed that the applicant submitted un-conditional resignation, the OA deserves to be allowed.
6. The OA is allowed. The impugned orders dated 26.11.2010 and 14.2.2011 (Annexure-A1 & A-2) are quashed. The respondents shall not initiate any disciplinary proceedings against the applicant for un-authorized absence. The respondents are directed to relieve the applicant expost facto and accept the resignation accordingly from the date when the resignation was submitted. The resignation will be accepted as submitted un-conditional resignation. No costs.
Member-A Member-J
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