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Judgment
Per: Dr. Lata Baswaraj Patne, Judicial Member.
The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act 1985, praying for the following relief(s):-
“a) To quash and/or set aside the impugned speaking order dated 31.12.2015 issued by the Chief Personnel Officer, Eastern Railway, Kolkata by which the claim of the applicant has been rejected on the ground which is not at all tenable in the eyes of law being Annexure A-11 of this original application;
b)To declare that the action taken by the respondents by applying the Railway Board's circular dated 08.10.2013 retrospectively is wholly illegal and arbitrary and also to declare that in respect of the entire selection process for the post of Senior Shipping Inspector which was held on 31.07.2013 is bad in law and illegal and further direct the respondents to publish the result of the candidates who were participated in the selection process for the post of Senior Shipping Inspector and if the applicant is declared successful, he may be given all consequential benefits including the appointment to the post of Senior Shipping Inspector.
c)To direct the respondent authority to produce all the relevant records relating to the said selection process for the post of Senior Shipping Inspector and all office orders after the said selection process before this Hon'ble Tribunal for proper adjudication of this case.
d)To pass an appropriate order directing upon the respondent authority to publish the result in terms of notification dated 16.08.2012 for general selection for formation of panel for the post of Senior Shipping Inspector in Pay Band of Rs. 9300-34800 with Grade Pay of Rs. 4200/- under COS/Eastern Railway/KKK within time framed so that the candidates who became eligible and declared successful in the selection process, they may not be suffered in any single day for appointment to the post of Senior Shipping Inspector those who have participated in the said process in view of notification dated 16.12.2012 which was held on 31.07.2013 and more than 2 years are over the respondent authority did not disclose the result which cannot be supported by any law;
e)To pass an appropriate order directing upon the respondent authority to publish the result in connection with the selection process in terms of notification dated 16.08.2012 those who are eligible and successful in the said selection process for the post of Senior Shipping Inspector, then an appropriate appointment order also be issued in favour of them along with all consequential benefits;
f)Costs;
g) Any other relief or reliefs as Your Lordships may deem fit and proper”.
Ld. Counsel for both sides are present and heard.
When the matter was taken up for consideration, Ld. Counsel for the applicant submitted that more than 05 to 06 years, the applicant was not in touch with him and as a result, he was unable to seek any updated instructions.
On the other hand, Ld. Counsel for the respondents submitted that the applicant is not entitled for any relief as prayed for in the Original Application.
Ld. Counsel for the respondents further submitted that though the notification had been issued for the recruitment towards promotional post, however, the recruitment process had not been completed within cut-off date. Therefore, entire recruitment had been cancelled under the said notification under Clause 4 (II) of RBE/102/2013. Accordingly, applicant does not have any locus to challenge the same.
Considering the submissions made by Ld. Counsel for both the parties, the Original Application is dismissed on merit. There shall be no order as to costs.