Rakesh Kumar Gupta vs Chief Secretary And Ors

Dinesh Gupta, J

The applicant has filed this OA seeking the following reliefs:

"8.1 To allow this OA by granting all admissible relieves and fair justice to applicant with "issue necessary time bound directions to respondents to immediate property redress applicant's E-mail representation Dated 05.06.2017 (Annexure "A-1") as well as this Original Application as an additional representation like through earlier Order of Hon'ble Tribunal Dated 29.10.2012 (Annexure "A-5") in applicant's disposed OA No.3595/2012 with saving his all rightful genuine interests by furnishing him proper Online Pay Certificate or Online Pay Slip with all required details (such as" purpose of said payment, its Sanction Date, its Pay Bill Number and Date, its submission, etc. etc) and its concerned online Pay Bill with its all enclosures regarding releasing amount of Rs.9403.00 in his concerned Bank Account through ECS on Dated 18.11.2016 (Annexure "A-2") by Email and By Post under provisions of CSMOP Circular Dated 19.05.2014 (Annexure "A-3").

8.2 Respondents be directed to pay the enough cost and compensation of present litigation to applicant specially for knowingly disregarding his Fundamental Rights, several concerned laws, circulars and rules.

8.3 Any other order or direction which this Hon'ble Tribunal may deem fit and proper also be passed in favour of the applicant for security of justice, principle of natural justice, his Fundamental Rights and disability Rights specially if it is found that "multiple relieves" are available in the present OA."

From the narration of the facts given in the OA, it appears that the applicant is a visually impaired employee, posted as Vice-Principal under the Directorate of Education, Government of NCT of Delhi, and is presently under suspension vide order dated 08.05.2017 in contemplation of disciplinary proceedings. Challenge to the aforesaid suspension order was repelled by the Tribunal vide order dated 02.06.2017 passed in OA No.2061/2017 filed by the applicant. He had also approached this Tribunal earlier in point of time by filing OA No.3595/2012 seeking MACP benefits from October, 2010. This OA was disposed of vide order dated 29.10.2012 with a direction to the respondents to consider the case of the applicant for MACP benefits, as also to consider the OA itself as a representation in addition to his already pending representation dated 22.02.2010 with the respondents.

It further appears that the applicant submitted an "Email representation" dated 05.06.2017 (Annexure A-1) to the Chief Secretary, Government of NCT of Delhi, requesting to ensure to furnish him "Appropriate Detailed Payment Certificate by Email Regarding Releasing Amount of Rs.9403.00" into his bank account through ECS on 18.11.2016. In his aforesaid representation the applicant also referred to provisions of CSMOP circular letter dated 19.05.2014. In his representation the applicant sought to fully ensure issuance of necessary directions to concerned authority to immediately furnish him appropriate detailed payment certificate by Email with "mentioning concerned Bill, particular bill number, its sanction date and its submitted date & other required details (with enclosing attested copy of all relevant documents)" regarding release of an amount of Rs.9403.00 into his bank account through ECS on 18.11.2016. It is stated in the OA that the aforesaid amount was released into the applicant's bank account without ever furnishing its proper "Online Pay Certificate or Online Pay Slip" with all required details, such as purpose of the said payment, its sanction date, its pay bill number and date, etc. It is further stated that his representation dated 05.06.2017 has not been disposed of till date, which is in violation of "CSMOP Circular" dated 19.05.2014 on the subject of "Issue of acknowledgements in respect of various communications received from citizens". The applicant has also placed on record a copy of the circular dated 19.05.2014 as Annexure A-3. The applicant has made further pleadings which are repetitive in nature and are thus not necessary to be referred to.

Upon notice, the respondents have filed a short reply stating therein that the aforesaid payment of Rs.9403.00 was on account of arrears of increments granted to the applicant from 01.11.2015 to 31.03.2016. The respondents have also placed on record as Annexure R-1 copies of arrear bill summary, arrear bill, recovery schedule of income tax, due and drawn statement and sanction order. It is further stated that the demand of the applicant for Online Pay Certificate or Online Pay Slip with all required details sought is not possible as per the NIC format of pay slip generated for about 50,000 employees of the Directorate, however, a copy of manual pay certificate along with summary of the bill is annexed with the reply as Annexure R-II. It is accordingly submitted that the relief prayed for having been granted to the applicant, the OA may be dismissed as having become infructuous.

We have heard the applicant who appeared in person and the learned counsel representing the respondents as also gone through the pleadings.

During the pendency of this OA the applicant has also filed a misc. application, MA No.1595/2018. In this MA the applicant has disputed certain details regarding dates etc. given in the copies of sanction order, pay certificate etc. enclosed by the respondents with their short affidavit. The applicant has made further pleadings which are ambiguous and repetitive in nature. After the order in the OA was reserved, the applicant has submitted additional pleadings wherein also some repetitive pleadings have been made.

Be that as it may, the main grievance of the applicant, as can be deciphered from the pleadings appears to be regarding furnishing him the break-up of the amount of Rs.9403.00 credited into his bank account through ECS on 18.11.2016. In their short affidavit filed the respondents have clarified the position with documentary proof, as mentioned hereinabove. As regards the correctness of the details of dates etc. given in the copies of sanction order, pay certificate etc. enclosed by the respondents with their short affidavit, same being a question of fact, the applicant can take up the matter separately with the respondents. However, his substantial grievance having been redressed, as is clear from the short affidavit filed on behalf of the respondents, nothing survives in the OA.

In this view of the matter, the OA is dismissed as having become infructuous. There shall be no order as to costs.