Tribunals and CommissionsSingle Bench(2022) 12 CAT CK 0377

Abdul Rashid Khan & Ors. vs UT Of J&K & Ors.

Central Administrative Tribunal, Jammu Bench, Jammu · Decided on 28 December 2022

HON’BLE JUDGES
Suresh Kumar Batra, Member (J)
CASE NUMBER
Original Application No. 61/1753/2022

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Judgment

9 paragraphs · 477 words

O R D E R

Mr. Bari Abdullah, Ld. Counsel for applicants and Mr. Sudesh Magotra, Ld. A.A.G. for respondents are present.

2.

M.A No. 61/1103/2022 has been filed by applicants under Rule 4(5) of Central Administrative Tribunal (Procedure) Rules, 1987 seeking permission of this Tribunal to join together and file a single application. Heard. As the cause and nature of relief as prayed for by all the applicants are similar, the M.A. is allowed.

3.

By way of instant O.A., the applicants are seeking a direction to respondents to set aside the order dated 17.12.2022 and allow the applicants to continue at the original place of posting.

4.

Ld. Counsel for applicants submitted that on 09.12.2022, an awareness camp regarding role of teachers and students in education system was organized at Govt. Middle School Tramalla, in which Headmasters, In charge Head Masters and several other staff members of various schools participated. A complaint regarding closure of school during working hours was made by some unknown persons to Respondent No. 3. Thereafter, Respondent No. 3 constituted a Committee comprising of persons, who were already biased and under the guidance of CEO, Reasi conducted an inquiry without note of programme organized on that day/resolution issued by the sarpanch and without hearing the Headmasters of the School, and further concluded the inquiry, resultantly, the impugned order dated 17.12.2022 was issued by Respondent No. 3 by which five staff members were placed under suspension and further Director, School Education was directed to take strict action and punishment against the Zonal Head i.e.., ZEO Mahore for attending the programme. The applicants also made a representation to the respondents, however, the grievance of the applicants was not redressed.

5.

Ld. Counsel for applicants submitted that the grievance of the applicants would be redressed, if a direction is issued to respondents to treat a copy of this O.A. as representation of applicants and decide the same within a stipulated time frame.

6.

Ld. A.A.G. appearing for respondents conceded the limited prayer made by applicants for disposal of the O.A.

7.

I have considered the submissions made by the Ld. Counsels for both the sides and perused the material on record. Without expressing any opinion on the merits of the case, the O.A. is disposed of at admission stage with direction to respondents to treat a copy of this O.A. as representation of applicants and decide the same, as per relevant rules and instructions on the subject, and pass a reasoned and speaking order within a period of three weeks from the date of receipt of a certified copy of this order. A copy of the speaking order shall be communicated to the applicants within one week thereafter. Till then, the operation of impugned order dated 17.12.2022 qua the applicants is stayed.

8.

With the above direction, the O.A. stands disposed of. No costs.