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Tribunals and CommissionsDivision Bench(2020) 07 CAT CK 0029

Pooja Sharma vs Union Of India And Others

Central Administrative Tribunal · Decided on 22 July 2020

HON’BLE JUDGES
A.K. Bishnoi, Member (A) · R. N. Singh, Member (J)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 4176 Of 2018, Miscellaneous Application No. 1137, 1138 Of 2020

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Judgment

13 paragraphs · 420 words

R.N. Singh, Member (J)

MA No. 1137/2020

1.

By way of this MA, the applicant has prayed for impleading the UPSC as respondents in the OA.

2.

After arguing for some time, Sh. Sachin Chauhan, learned counsel for the applicant does not press the present MA. Accordingly, the same is dismissed as not pressed.

MA No. 1138/2020

By way of the present MA, the applicant has prayed for preponement of the date of hearing, i.e., from 14.08.2020 to any earlier date. Alternatively, the applicant has also prayed for a direction to the respondents to pass final order in the present departmental inquiry after consulting the UPSC, in a time bound manner.

OA No. 4176/2018

Sh. Sachin Chauhan, learned counsel for the applicant submits that the Inquiry Officer has tenderd his report on 04.11.2019 and the applicant has submitted his representation on 27.12.2019 and in spite of the fact that more than 7 months have passed, no final order has been passed by the respondents in the said departmental proceedings. He further submits that the applicant shall be satisfied if the present MA and OA both are disposed of with direction to the respondents to pass a final disciplinary order in the present disciplinary proceedings against the applicant in a time bound manner.

2.

Sh. S.N. Verma, learned counsel for the respondents submits that respondents have already sent a letter to the UPSC on 28.05.2020 seeking their statutory advice and in response thereto, they have received a communication from the UPSC that it needs four to six months' time to tender the requisite advice.

3.

From the aforesaid, it is evident that the respondents have themselves taken more than four months' time to send the requisite documents to UPSC for their statutory advice. Be that as it may, it is not in dispute that the respondents have sent the requisite documents to UPSC for seeking their statutory advice on 28.05.2020, i.e., around two months back.

4.

In the aforesaid facts and circumstances and with the consent of the parties, the present OA and MA are disposed of with direction to the respondents to pass final disciplinary order in the said disciplinary proceedings as expeditiously as possible and in any case within four months from the date of receipt of a certified copy of this order.

5.

The OA and MA are disposed of in the aforesaid terms. No order as to costs.

6.

We clarify that we have not expressed our opinion on the merit of the claim of the applicant.