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Judgment
PER:- MR. JUSTICE NARENDRA KUMAR JOHARI, MEMBER[J]
Heard Counsel for both the parties.
Learned Counsel for the petitioner has filed the instant CP alleging non-compliance with the order of this Tribunal dated 21.05.2026 passed in OA No. 321/2026, wherein this Tribunal had directed the respondent/ competent authority to decide the representation of the applicant by passing a reasoned and speaking order in accordance with law.
In compliance with the aforesaid direction, the respondents considered and decided the representation of the applicant by passing a reasoned and speaking order dated 28.07.2026, which has been annexed with the compliance affidavit filed by the respondents.
Central Administrative Tribunal4. Learned Counsel for the petitioner submits that the said speaking order has not been passed by the competent respondent authority, as the applicant had not addressed his representation to the authority which has passed the said order.
We have perused the record. In the OA, the Opposite Parties were as follows :-
“1.The Bharat Sanchar Nigam Limited through the Chairman-cum-Chief Managing Director, Corporate Office, Bharat Sanchar Bhawan, H.C. Mathur Lane, Janpath, New Delhi- 110001.
2.The Director (HR), Bharat Sanchar Nigam Limited, Corporate Office, Bharat Sanchar Bhawan, H. C. Mathur Lane, Janpath, New Delhi- 110001.
3.The Chief General Manager, Bharat Sanchar Nigam Limited, Jharkhand Circle, Arttc Building, Ranchi- 835217.
4.The General Manager (BA), Office of the Chief General Manager, Bharat Sanchar Nigam Limited, Jharkhand Circle, ARTTC Building, Ranchi- 835217 (Jharkhand).
5.The Assistant General Manager (HR & MM), Office of the General Manager (BA), Telecom District, Bharat Sanchar Nigam Limited, Jharkhand Circle, ARTTC Building, Ranchi- 835217 (Jharkhand).
6.The Sub Divisional Engineer (CM-ARTTC), Office of the General Manager (BA), Telecom District, Bharat Sanchar Nigam Limited, Jharkhand Circle, ARTTC Building, Ranchi- 835217 (Jharkhand).”
After considering the submission of Counsel for the applicant in the aforesaid OA, the Tribunal has directed to competent respondent authority to decide the representation in the following paragraph no. 5 :-
“…………
5.In view of the submissions made by both parties, the present OA is disposed of with the direction that if the applicant submits a fresh representation, along with a copy of the earlier representation dated 16.05.2026, within a period of 07 (seven) days from today, the same shall be considered and decided by competent respondent authority by passing a reasoned and speaking order strictly in accordance with law, within a period of 30 days from the date of receipt of such fresh representation. ……………….”
Learned Counsel for the Opposite Party has submitted that the competent authority of department to decide such representation is the DGM (NW), O/o GMBA, Ranchi, that is why the representation has been decided by the concerned competent authority in accordance with law and rule.
The contention of the applicant that the representation has not been decided by the authority to whom he had addressed his representation or the authority who has decided the representation is not competent authority, such a question requires the appreciation of the evidence as well as the pleadings which is beyond the scope of the present Contempt Petition. The decision about the question that the order of the Tribunal, as per direction, has been complied with or not is in between the Tribunal and the authority concerned who was directed to comply with the order. So far as the above objection, as has been raised by Counsel for the applicant is concerned, the applicant shall be at liberty to raise the above objection in appropriate proceeding.
Although beyond the prescribed time period but since now the order of the Tribunal has been complied with by the authority concerned by passing a speaking order, therefore the present CP is liable to be dropped.
Accordingly, the present CP is dropped.
Central Administrative Tribunal11.Notices issued to the respondents are also discharged.