Tribunals and CommissionsSingle Bench(2024) 04 CAT CK 3578

Dr. Sunil Kumar Dogra & Ors. vs UT Of J&K & Ors.

Central Administrative Tribunal, Jammu Bench, Jammu · Decided on 10 April 2024

HON’BLE JUDGES
Rajinder Singh Dogra, Member (J)
CASE NUMBER
Original Application No. 425 of 2024

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Judgment

12 paragraphs · 376 words

O R D E R

M.A. No. 332 of 2024

M.A. No. 332 of 2024 has been filed by learned counsel for the applicants, seeking permission of this Tribunal for joint together, is allowed for the reasons stated therein.

O.A. No. 425 of 2024

1.

Heard learned counsel for the parties.

2.

The instant petition has been filed by learned counsel for the applicants seeking directions to the respondent no. 2 to exempt the applicants from the discharge of election related duties in accordance with the guidelines of Election Commission of India issued vide communication no. 464/INST/EPS/2023 (Election Official) dated 07.06.2023.

3.

Learned counsel for the applicants submits that this application is made against the letter no. ERO/70-Samba/2023-24/243-54 dated 29.03.2024 and letter no. ERO/70-Samba/2023-24/07-16 dated 01.04.2024 whereby the office of District Election Officer (Deputy Commissioner) Samba (respondent no.2) has issued the list of employees/polling staff to undergo training for the conduct of Lok Sabha Elections, 2024. The applicants’ name also figures in the list inspite of the fact that the applicants are doctors and compounders in the Veterinary Hospital and are exempted for poll duties as per the guidelines issued by Election Commission of India.

4.

Learned counsel for the applicants further submitted that since the respondent no. 3 has requested respondent no. 2 to exempt his office from discharge of election related duties in accordance with the guidelines of Election related duties in accordance with the guidelines of Election Commission of India, therefore, respondent no. 2 should have responded to the request made by respondent no. 3, but respondent no. 2 has unilaterally decided to include the applicants to discharge the election related duties in violation of the guidelines of Election Commission of India.

5.

Accordingly, the Original Application is disposed of with a direction to respondent no. 2 to re-consider the case of the applicants and not violate the guidelines framed by the Election Commission of India.

6.

Respondents are further directed to communicate the order so passed to the applicants. The whole exercise shall be completed within a period of 07 days from the date of receipt of a certified copy of this order.

7.

With these directions, the O.A. No. 425 of 2024 is disposed of.

8.

No order as to cost.