Tribunals and CommissionsDivision Bench(2018) 01 CAT CK 0009

Mrs. Yojana Nitin Urankar vs Union of India And Ors

Central Administrative Tribunal · Decided on 8 January 2018

HON’BLE JUDGES
R. Vijay kumar, J · R. N. Singh, J
RESULT
Disposed off
CASE NUMBER
Original Application No. 457 Of 2014

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Judgment

4 paragraphs · 357 words
1.

Heard the learned counsel for the Applicant.

2.

The Applicant had obtained an Advanced Diploma In Computer Software System Analysis & Application from the Maharashtra State Board of Technical Education on 04.08.2000. On the strength of this certificate, the applicant obtained permission to appear in the LDCE examination for promotion as Chargeman and obtained this promotion in July 2012. After inquiry, the respondents have issued a show-cause notice in their letter No.1914/02/14/Estt/NGO dated 25.07.2014 asking her to explain the basis on which she had obtained such permission and promotion thereafter. To this effect, she filed a reply in her representation dated 28.07.2014 and promptly thereafter, on 30.07.2014, she has filed this application on the basis of which this Tribunal had stayed further proceedings in consequence of the said show-cause notice in its order dated 04.08.2014.

3.

It is apparent from the contentions of the applicant that the fact of whether the certification obtained by her and her said qualification meets the requirement of SRO 66 dated 27.05.2003 is entirely a matter under investigation by the respondents and to which the applicant has to give necessary reply and a final decision taken thereafter after examining various facts. In the circumstances, given the nature of submissions made by the applicant before this Tribunal, it would be appropriate to direct the respondents to consider the pending reply of the applicant in response to the impugned show-cause notice and also any further representation of the applicant, if the applicant so wishes. In case such further representation is preferred by the applicant within two weeks of receipt of a certified copy of this order, on receipt of such representation, the respondents are further directed to consider the same keeping in view all the contentions of the applicant and pass a reasoned and speaking order within twelve weeks. It is further made clear that in case the respondents pass some order prejudicial to the interest of the applicant, the same shall not be given effect to for seven days of receipt of such order by the applicant.

4.

In the aforesaid terms, the OA is disposed of. No order as to costs.