Sunil Kumar vs Union Of India & Ors.

PER: RAMESH SINGH THAKUR, MEMBER (J)

Heard the learned counsel for the applicant.

This Original Application has been filed by the applicant against the impugned order dated 13.10.2023 (Annexure A-2), vide which the applicant has been routing back from Industrial Canteen Management Committee to MT Section without completion of his tenure. The learned counsel for the applicant submitted that the applicant was selected as CMTD (Civilian Driver) with the respondent department. The election of Industrial Canteen Management Committee for electing one member from each group was held on 26.7.2023 and the applicant was elected un-opposed from his group. The tenure of the applicant is to expire in April, 2024 and without assigning any reason he has been routing back before completion of his tenure.

The learned counsel for the applicant at this stage, submits that the applicant has made a representation to the Competent Authority on 17.10.2023 (Annexure A-3), which is still pending consideration. He further submits that the applicant will be satisfied, if the present Original Application is disposed of with a direction to the Competent Authority to decide the pending representation of the applicant, in accordance with Rules and law, on the subject, in a time bound manner and till then the applicant be allowed to work on the same place and same position.

Issue notice to respondents. At this stage, Sh. Sanjay Goyal, learned Sr. CGSC, present in Court, appears and accepts notice on behalf of the respondents.

The learned Sr. CGSC has no objection if the present Original Application is disposed of in the requested manner.

This Tribunal has considered the matter and is of the view that the principles of natural justice will be meet with, if the Competent Authority, is directed to decide the pending representation of the applicant dated 17.10.2023 (Annexure A-3), in a time bound manner. Accordingly, the present Original Application is disposed of with a direction to the Competent Authority to consider and decide the pending representation of the applicant, in accordance with Rules and law, on the subject within a period of three weeks from the date of receipt of certified copy of this order. Needless to say that the Competent Authority shall pass a reasoned and speaking order and be communicated to the applicant.

Till then, the respondents shall allow the applicant to work on the same place and same position.

In view of above observation and direction, this Original Application stands disposed of.