Attar Singh vs Union Of India And Ors

V. Ajay Kumar, J

The applicant, an Ex. Assistant under the respondents, filed the OA questioning the Annexure A-I order dated 26.04.2012 whereunder the period of his suspension from 14.11.1997 to 31.08.2010 was treated as non duty and will not count as qualifying service for pensionary benefits.

The brief facts necessary for the purpose of disposal of this OA are, that in connection with the misconduct alleged against the applicant, the respondents vide Annexure A-9 order dated 31.08.2010 imposed the punishment of compulsory retirement on him. The appeal preferred by the applicant against the said order was rejected by the respondents vide Annexure A-10 order dated 14.03.2011. The Original Application No.2393/2011 filed by the applicant questioning the said punishment of compulsory retirement was dismissed on 04.05.2012 (Annexure A-6). The impugned order in the instant OA was issued before the disposal of the aforesaid OA No.2393/2011, i.e., on 26.04.2012. The applicant preferred an appeal against the impugned order vide Annexure A-3 dated 18.06.2012.

In the OA which was filed on 17.12.2013, the applicant contended that the respondents have not passed any orders on his Annexure A-3 appeal dated 18.06.2012 but the respondents in their counter filed in the OA specifically denied the said contention and stated that the appeal dated 18.06.2012 of the applicant was examined and a detailed, reasoned and speaking order was issued on 30.09.2013, i.e. even before the instant OA was filed. The applicant through his rejoinder though stated that he has not received the said order of rejection of his appeal but not taken any steps to obtain the same from the respondents and to question the same by taking appropriate steps.

The learned counsel appearing for the applicant while questioning the impugned order on various grounds submits that the OA is maintainable though he has not challenged the appellate order as the same was not served on him till date. We cannot accept the said submission. Once the impugned order was superseded by way of an appellate order, it is for the applicant to take appropriate steps either by filing a fresh OA or by amending the instant OA, by questioning the same.

In the circumstances and for the aforesaid reasons, the OA is disposed of with a direction to the respondents to supply copy of the appellate order dated 30.09.2013 to the applicant within 2 weeks from the date of receipt of a copy of this order, if not already served on him, and on receipt of the same, the applicant may question the same, in accordance with law, if so advised, within 90 days from the date of receipt of the same.

No costs.