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Judgment
O R D E R
PER :: NARENDRA KUMAR JOHARI, MEMBER (J) :
Shri Nilesh Sinha, learned counsel for applicant is present. Shri T.N. Thakur, ld. Sr. CGSC, on receipt of advance copy of O.A. has appeared for opposite parties and accepted notice hence issuance of notice is waived.
Heard learned counsel for both the parties.
Instant OA has been filed by the applicant for quashing and setting aside the action of the respondents whereby the applicant's waiting list position for transfer under Rule -38 to Gaya Division has been altered from Sl. No. 31 in the original waiting list to Sl. No. 276 in the online portal and is presently reflected as Sl. No. 161 and to restore the applicant's original waiting list position for Gaya Division in accordance with Directorate guideline dated 31.12.2021.
At the very outset, learned counsel for applicant has submitted that applicant has filed a representation dated 30.08.2023 which has not been decided till date. Learned counsel for applicant further submitted that applicant is in the hope that if his representation dated 30.08.2023 is decided, his grievance shall be redressed. He further submitted that at this stage, applicant would be satisfied if this OA may be disposed of with liberty to applicant to file a fresh representation in the light of earlier representation and the opposite party/ competent authority be directed to decided the same as per rule/law by passing a reasoned and speaking order within a stipulated time bond manner.
Counsel for opposite parties has not objected the submission of counsel for applicant.
In view of the above, if the applicant submits a fresh representation to the opposite parties/competent authority within two weeks from today, the competent authority/opposite parties shall consider it and decide the same strictly in accordance with law/rules by a reasoned and speaking order within sixty days from the date of receipt of fresh representation by annexing the copy of his earlier representation dated 30.08.2023.
It is made clear that we have not expressed any opinion on the merit of the case as well as on the point of limitation, if any.
Accordingly, the OA is disposed of at admission stage itself. No costs.