Arvind Kumar vs Govt. Of NCT Of Delhi & Others

R.N. Singh, Member (J)

The present Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 to challenge the order dated 10.10.2019 (Annexure A/1) vide which the applicant's services have been terminated by invoking the provisions of sub Rule (1) of Rule 5 of the Central Civil Service (Temporary) Rules, 1965.

Learned counsel for the applicant submits that aggrieved by the aforesaid impugned order, the applicant has preferred a representation dated 24.10.2019 and the same is still pending consideration of the respondents.

Issue notice.

Shri Amit Yadav, learned proxy counsel appearing for Ms. Esha Mazumdar, learned counsel for the respondents, who appears on advance service, accepts notice.

At this stage, Shri Jangra, learned counsel for the applicant submits that the applicant has not been able to take all possible grounds in the aforesaid representation dated 24.10.2019 and therefore, the present OA may be disposed of at this very stage with liberty to the applicant to prefer a comprehensive representation to respondent no.2 within two weeks from today and if such additional comprehensive representation is preferred by the applicant, a direction may be given to the respondents to consider and dispose of the same in a time bound manner.

We have considered the submissions made by learned counsel appearing for the parties. We are of the considered view that if such a request of learned counsel for applicant is accepted, no prejudice is likely to be caused to the respondents.

In view of the aforesaid, without going into the merit of the claim of the applicant, we dispose of the present OA with liberty to the applicant to make a comprehensive representation to respondent no.2 against the impugned order dated 10.10.2019 within two weeks from today and if such a comprehensive representation is received by the respondent no.2 within the time stipulated herein, the respondent no.2 is directed to consider the applicant's aforesaid representation dated 24.10.2019 as well as the additional comprehensive representation to be preferred by the applicant within a time granted to him for this purpose, and to dispose of the same by passing an appropriate reasoned and speaking order as expeditiously as possible and in any case within eight weeks of receipt of additional comprehensive representation from the applicant.

The OA is disposed of in above terms. No costs.