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Judgment
Per: Justice Sunil Thomas, Judicial Member
The applicant has approached this Tribunal aggrieved by the recovery proceedings initiated against him for the training expenses incurred by the Railways, consequent to his resignation on getting employment elsewhere, by Annexures A11 and A13 of Railway.
After hearing learned Counsel for the applicant, learned SCGSC Smt O. M. Shalina who took notice for respondents 1 & 2 and learned Sr. GP Shri Baijuraj G who took notice for respondents 3-5, I feel that interest of justice would suffice if the competent authority among the respondents 1 & 2 is directed to take up, consider and dispose of Annexure A14 representation on merits in light of the contentions set up in the O.A, specifically with reference to Annexure A10 and clause (ii), (iii) and (iv) of Para 1410 of Indian Railway Establishment Manual – Volume-I and to pass appropriate order as expeditiously as possible at any rate within a period of two months from the date of receipt of a copy of this order. It is made clear that recovery proceedings pursuant to Annexures A13 and A15 will be kept in abeyance till final orders are passed on Annexure A14 and a copy of the order is served on the applicant and 10 days thereafter. The right to challenge such order is reserved.
The O.A is disposed of as above. No costs.
List of Annexures
Annexure A1- A true copy of the advice memo No. R1F(1)229/2020/GW dated 02.06.2021 issued by the KPSC.
Annexure A2- A true copy of the request of the applicant dated 01.07.2021.
Annexure A3- A true copy of the request of the applicant dated 01.07.2021.
Annexure A4- A true copy of the communication from the Divisional Railway Manager to Senior DPO/MAS dated 15.07.2021. No. M/TRD/150/ 1/TA.
Annexure A5- A true copy of the Medical Certificate dated 04.08.2021.
Annexure A6- A true copy of the Fitness certificate dated 24.08.2021.
Annexure A7- A true copy of the letter of the applicant dated 25.08.2021.
Annexure A8- A true copy of the proceedings of the Administrative Officer, Diary Development Department dated 17.08.2021. No. E1/17795/2019.
Annexure A9- A true copy of the request of the applicant dated 01.09.2021.
Annexure A10- A true copy of the order No. P(R)MC/21/Resignation of the General Manager, Southern Railway dated 13.08.2021.
Annexure A11- A true copy of the demand notice dated 03.11.2021 by the 2nd respondent No. M/P1(E)535/TRD/SSE/JE
Annexure A12- A true copy of the request of the applicant dated 15.11.2021.
Annexure A13- True copy of the demand notice dated 27.4.2022 by the 2nd respondent No. M/P1(E) 535/TRD/SSE/JE
Annexure A14- A true copy of the request of the applicant dated 03.05.2022.
Annexure A15- True copy of the demand notice dated 03.02.2023 by the 2nd respondent No. M/P1(E) 535/TRD/SSE/JE.