Brij Bhushan Gautam vs Union Of India & Ors.

Hon’ble Mr. R. N. Singh, Member (J):

Learned counsel for the applicant submits that the penalty inflicted upon the applicant vide order dated 07.01.2019 (Annexure A-A1) was suo moto enhanced by the Revisionary Authority vide order dated 03.07.2019 (Annexure A-2). Aggrieved by the enhanced penalty the applicant is stated to have made an appeal dated 21.08.2019 (Annexure A-4). Learned counsel for the applicant submits that the said appeal dated 21.08.2019 (Annexure A-4) is still lying pending consideration of the Competent Authority in spite of lapse of more than a year.

Issue notice. Mr. Krishan Kant Sharma, learned standing counsel who appears for the respondents on advance service accepts notice.

At this stage, Mr. Yogesh Sharma, learned counsel for the applicant submits that the applicant shall be satisfied if the present OA is disposed of at this very stage with a direction to the respondents to consider the applicant’s aforesaid pending representation dated 21.08.2019 (Annexure A-4) and to dispose of the same in a time bound manner. To such request of the learned counsel for the applicant, there is no objection from the learned counsel appearing for the respondents.

Learned counsel for the applicant submits that as an interim prayer in the present OA, the applicant has also prayed for release of pension and other retiral dues. As the present OA is not being disposed of on merit, he may be granted liberty to approach this Tribunal for redressal of his such grievances in this regard separately in accordance with law. Liberty is granted.

In view of the aforesaid and without going into the merits of the claim of the applicant, the OA is disposed of with a direction to the respondents to consider the applicant’s aforesaid appeal dated 21.08.2019 (Annexure A-4) and to dispose of the same by passing a reasoned and speaking order within six weeks from the date, the order is uploaded on the website of the Tribunal. The OA is disposed of in the aforesaid terms. No costs.