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Judgment
Manish Garg, Member (J)
In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant seeks the following reliefs:-
“i) To declare the action of the respondents, to deduct the salary of the applicant, contrary to settled principles of law, as illegal & arbitrary.
ii) To direct that the respondent to immediately pay the amount of salary withheld by the respondent, together with interest to the applicant by the respondent.
iii) Pass any other relief(s), which the Hon'ble Tribunal may deem fit and proper in the INTEREST OF JUSTICE.”
At the outset, learned counsel for the applicant submits that the legal notice dated 06.12.2024 may be treated as a representation of the applicant, which is still pending consideration before the respondents. He further submits that the applicant would be satisfied if a direction is issued to the respondents to dispose of the aforesaid representation by way of a reasoned and speaking order within a prescribed time frame.
Issue notice. Mr. Dushyant Pratap Singh, learned counsel appears and accepts notice on behalf of the respondents. He seeks some time to file appropriate response.
In view of the limited prayer made, without entering into the merits of the case, the present O.A. is disposed of with a direction to the respondents to consider and decide the applicant’s representation/legal notice dated 06.12.2024 by passing a reasoned and speaking order, strictly in accordance with law, within a period of thirty (30) days from the date of receipt of a certified copy of this order.
A copy of the speaking order so passed shall be provided to the applicant. It is made clear that if the order is passed in favour of the applicant, consequential relief, if any, shall also follow within forty-five (45) days thereafter.
The OA is disposed of in the aforesaid terms, without going into the merits, at the admission stage itself. Pending MAs, if any, shall also stand disposed of accordingly.
No order as to costs.
