Chandra Jyoti Kumar vs The Union Of India & Ors.

[Per: Kumar Rajesh Chandra, Member(A)]

Heard learned counsel for the applicant and learned counsel appearing for the respondents.

Learned counsel for the applicant submits that, during the pendency of the present Original Application, the principal grievance raised therein with regard to the applicant’s transfer has substantially been redressed. It is submitted that, pursuant to the subsequent order dated 17.09.2024, the earlier transfer order dated 15.09.2022, which was under challenge in the present OA, has been modified on the request of the applicant and the applicant has been brought back to his initial place of posting. The said position is also reflected from the pleadings on record.

In view of the subsequent development, no effective adjudication survives in respect of the original challenge to the transfer order dated 15.09.2022. To that extent, the OA has consequently become infructuous.

Learned counsel for the applicant, however, submits that a consequential issue survives concerning the period from 13.10.2022 to 12.04.2023, during which the applicant remained absent from duty. According to the applicant, the said absence was occasioned by illness and the requisite sickness report was submitted by him. The applicant seeks appropriate consequential benefits in respect of the said period.

Learned counsel for the respondents submits that the said period of absence has to be considered and decided by the competent authority in accordance with the applicable rules and procedure. He submits that presently he has no instructions from the Respondent officials in this regard, enabling him to accept or reject, at this stage, the applicant’s claim regarding the genuineness or justification of the entire period of absence.

Having regard to the aforesaid position, this Tribunal considers it appropriate not to express any opinion on the merits, Central Administrative Tribunal^{genuineness or otherwise of the applicant’s claim of illness or on} the acceptability of the medical/sickness report. Those matters fall within the domain of the competent authority under the applicable service rules and proper inquiry by them.

Accordingly, the present OA is disposed of as having become infructuous in respect of the challenge to the transfer order dated 15.09.2022. So far as the surviving issue relating to the period of absence from 13.10.2022 to 12.04.2023 is concerned, the respondents/competent authority are directed to consider and decide the applicant’s claim, including the sickness report, if any, submitted by him, strictly in accordance with the applicable rules, instructions and procedure, by passing a reasoned and speaking order, within 30 days from the date of receipt of a copy of this order.

It is made clear that this Tribunal has not adjudicated upon the genuineness, sufficiency or evidentiary value of the sickness report, nor has it directed that the aforesaid period be treated as leave, duty, or otherwise in any particular manner. The competent authority shall independently consider the matter in accordance with law and shall communicate its decision to the applicant.

The competent authority shall also consider the applicant’s claim for consequential benefits, if otherwise admissible, only in accordance with the decision taken regarding the aforesaid period Central Administrative Tribunal^{of absence and the applicable rules.}

It is further clarified that this order shall not be construed as an expression of opinion on the merits of either party’s claim concerning the aforesaid period of absence. All contentions in that regard are left open for consideration by the competent authority.

No order as to costs.