Pradeep Ahalwat vs Director General & Others

R.N. Singh, Member (J)

The present OA is filed under Section 19 of the Administrative Tribunals Act, 1985. The applicant has challenged the disciplinary authority's order dated 20.7.2016 (Annexure A/1) and appellate authority's order dated (Annexure A/2) vide which the punishment of stoppage of increment for a period of two years with cumulative effect has been inflicted upon the applicant.

Learned counsel for the applicant submits that in the fact and circumstances, the quantum of punishment imposed upon the applicant is too harsh and this aspect has not been considered by the disciplinary authority and/or appellate authority.

Issue notice.

Ms. Esha Mazumdar, learned counsel for respondents, who appears on advance service, accepts notice.

After arguing for some time, learned counsel for the applicant seeks permission to withdraw the instant OA, with liberty to the applicant to make a representation/revision/review before the competent authority for redressal of his grievance qua the quantum of punishment inflicted upon the applicant.

In view of the foregoing, permission is granted to withdraw the instant OA with liberty as aforesaid. It is hoped that if the applicant prefers such representation/revision/review to the competent authority within two weeks, the same will be considered and disposed by the competent authority by passing an appropriate reasoned and speaking order as early as possible and in any case within eight weeks from the receipt of such representation/revision/review from the applicant.

While making such representation/revision/review application, the applicant shall also file an appropriate application for seeking condonation of delay in making such representation/revision/review.

It is hoped that the competent authority will consider the application for condonation of delay sympathetically, taking into account that the applicant had been advised to approach the Tribunal and as such deliberate delay has not been committed by the applicant and dispose of representation / revision / review on merit by passing a reasoned and speaking order within eight weeks from receipt of such representation/revision/review from applicant.

It is made clear that while disposing the OA, we have not gone into the merit of the claim of the applicant.

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