Tribunals and CommissionsDivision Bench(2021) 11 CAT CK 0009

Prince P I vs Chief Engineer (NW) & Others

Central Administrative Tribunal · Decided on 3 November 2021

HON’BLE JUDGES
P. Madhavan, Member J · K.V .Eapen, Member (A)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 180, 00582 Of 2021

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Judgment

13 paragraphs · 370 words

P. Madhavan, Member J

1.

This Original Application has been filed by the applicant seeking the following reliefs:

"(a) This Hon'ble Tribunal may be pleased to call for the records connected with the case.

(b) This Hon'ble Tribunal may be pleased to direct the respondents to include the name of the applicant in the list of proposed DPC for Electrician HS II.

(c) This Hon'ble Tribunal may be pleased to direct the respondents to conduct the DPC for the calender year 2021 also.

(d) Issue any other order or direction and grant such other relief as this Hon'ble Tribunal may found deem fit and proper in the circumstances of this case."

2.

Brief facts of the case are as follows:

The applicant is working as Electrician (SK) at GE (AF). In Annexure A1, the applicant's name has been shown as SC No.57. But when the Annexure A2 final list was published, the applicant's name has been omitted and the 4th respondent, the admitted Junior of the applicant, was included in the list. As per the applicant, Annexure A2 is highly illegal, arbitrary, non-transparent and against the principles of natural justice. Hence, the applicant has approached this Tribunal praying for the above reliefs.

3.

When the matter came up for consideration, it appears that the applicant has given a representation as Annexure A3 and it is still pending before the Competent Authority. Counsel for the applicant submits that the DPC will be held within a period of one month and he will be precluded from getting a promotion.

4.

Adv.Mr.N.Anilkumar,SCGSC takes notice on behalf of the respondent nos.1 to 3 and submits that he has no objection in disposal of the representation.

5.

In view of the above submission and pendency of the representation, we hereby direct the official respondents to consider Annexure A3 representation in the light of relevant rules, regulations and guidelines and after considering the objections raised by the applicant, pass a reasoned and speaking order after giving an opportunity to hear the applicant before the next DPC is held.

6.

The Original Application is disposed of as above at the admission stage itself. No costs.

Issue a copy of this order to learned counsel for the respondents.