Tribunals and CommissionsDivision Bench(2021) 03 CAT CK 0054

Madhur Kushwaha vs Union Of India

Central Administrative Tribunal · Decided on 8 March 2021

HON’BLE JUDGES
A. K. Bishnoi, Member (A) · R.N. Singh, J
RESULT
Dismissed
CASE NUMBER
Original Application No. 546 Of 2021

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Judgment

8 paragraphs · 332 words

R. N. Singh, Member (J)

1.

The present OA filed by the applicant has been listed today before assigning any OA number in view of the request of the learned counsel for the applicant that despite deficiencies therein and office objection this matter may be listed before the Bench.

2.

Learned counsel for the applicant argues that only deficiency is that the impugned orders have not been placed at appropriate place, i.e., in Compilation No.I and the same have been placed at some other place, i.e., in Compilation No.II.

3.

After arguing for some time, learned counsel for the applicant submits that applicant is aggrieved of the order dated 9.12.2020 vide which he has been transferred and order dated 24.2.2021 vide which the applicant's probation has been extended. He further submits that the applicant has already joined at the new place of posting and applicant wants to make a comprehensive representation to the competent authority against the said order dated 9.12.2020. He further submits that order dated 24.2.2021 is a stigmatic order and the same has also not been passed by the competent authority.

4.

Learned standing counsel for the respondents, who appears on advance service, submits that the present OA is not maintainable in as much as the applicant has admittedly not made any representation against the impugned transfer order and also that the order dated 24.2.2021 is not a consequent of order dated 9.12.2020 and the OA is barred by the provisions of Rule 10 of the CAT (Procedure) Rules, 1987.

5.

Keeping in view the aforesaid position, learned counsel for the applicant seeks permission to withdraw the present OA with liberty to the applicant to make a comprehensive representation against the impugned orders dated 9.12.2020 and 24.2.2021 separately before the competent authorities for redressal of his grievances. Permission is granted.

6.

The OA stands dismissed as withdrawn with liberty to the applicant as aforesaid.

7.

Registry is directed to assign appropriate number to the present Original Application. No costs.