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Tribunals and CommissionsDivision Bench(2020) 06 CAT CK 0004

Pradeep Kumar vs Government Of National Capital And Others

Central Administrative Tribunal · Decided on 25 June 2020

HON’BLE JUDGES
A.K. Bishnoi, Member (A) · R. N. Singh, Member (J)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 835 Of 2020

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Judgment

8 paragraphs · 325 words

R.N. Singh, Member(J)

1.

Heard Sh. Rajeshwar Singh, learned counsel for the applicant.

2.

In the present application, the applicant has challenged the order dated 15.06.2020 (Annexure A/1) vide which the applicant's request/representation seeking exemption from performing night duties has been rejected by the respondents.

3.

Learned counsel for the applicant, Sh. Rajeshwar Singh submits that the applicant was not properly examined by the medical board and the board has examined the applicant in haste. He further submits that the impugned order is not a speaking and reasoned order.

4.

Issue notice. Ms. EshaMazumdar, learned standing counsel for the respondents accepts notice.

5.

Ms. EshaMazumdarvehemently argues that the applicant's grievances have been considered by a duly constituted medical board and the decision has been taken keeping in view the recommendation of the said medical board. She further submits that by passing the impugned order, no enforceable right of the applicant has been violated.

6.

At this stage, Sh. Rajeshwar Singh, learned counsel for the applicant seeks liberty to the applicant to prefer another representation against the impugned order dated 15.06.2020 within ten days. He submits that he does not press the present OA and he prays that in case the applicant prefers any further representation within ten days, the respondents may be directed to dispose of the same by passing a reasoned and speaking order.

7.

In view of the aforesaid facts and circumstances, the OA is disposed of with liberty to the applicant to make a comprehensive representation against the impugned order before the competent authority within ten days and on receipt of such representation within the stipulated time, the respondents shall consider the same and pass a reasoned and speaking order as expeditiously as possible and in any case, within six weeks . The OA is disposed of in the aforesaid terms. We hereby clarify that we have not expressed any opinion on the merit of the claim of the applicant. No costs.