w w w . L a w y e r S e r v i c e s . i n

Abdul Latif v/s The Union of India, Represented by the Secretary to the Government of India, Ministry of Communication & IT Department of Posts, New Delhi & Others

Company & Directors' Information:- E N COMMUNICATION PRIVATE LIMITED [Active] CIN = U92132DL2005PTC143469

Company & Directors' Information:- T C COMMUNICATION PRIVATE LIMITED [Active] CIN = U74999DL2000PTC105354

Company & Directors' Information:- J J COMMUNICATION PRIVATE LIMITED [Active] CIN = U74300WB1997PTC085828

Company & Directors' Information:- P. K. COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U92141DL1984PTC017748

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- T I COMMUNICATION PRIVATE LIMITED [Active] CIN = U51109HP2009PTC031079

Company & Directors' Information:- S B M COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64201WB2010PTC145582

Company & Directors' Information:- P N COMMUNICATION P. LTD. [Active] CIN = U32204DL2001PTC111327

Company & Directors' Information:- A B AND U COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U74300MH1997PTC107160

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- K AND D COMMUNICATION LIMITED [Active] CIN = U64120GJ1997PLC031879

Company & Directors' Information:- P & G COMMUNICATION PRIVATE LIMITED [Active] CIN = U74140MH2013PTC251505

Company & Directors' Information:- P J COMMUNICATION PRIVATE LIMITED [Active] CIN = U72900DL2000PTC105416

Company & Directors' Information:- M K COMMUNICATION PVT LTD [Strike Off] CIN = U72900HP2006PTC030292

Company & Directors' Information:- H V COMMUNICATION PRIVATE LIMITED [Active] CIN = U52602DL2009PTC193309

Company & Directors' Information:- A AND A COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U92132DL2001PTC110975

Company & Directors' Information:- B. M. COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64100DL2012PTC244419

Company & Directors' Information:- H. K. COMMUNICATION PRIVATE LIMITED [Active] CIN = U64100DL2013PTC255831

Company & Directors' Information:- B R COMMUNICATION PRIVATE LIMITED [Active] CIN = U64203DL2002PTC114477

Company & Directors' Information:- N S N COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64100KA2014PTC073757

Company & Directors' Information:- N A COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC182901

Company & Directors' Information:- G & D COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64200MP2007PTC019633

    Original Application No. 040/00194 of 2018

    Decided On, 08 November 2018

    At, Central Administrative Tribunal Guwahati Bench Guwahati


    For the Applicant: S. Nath, A. Debgoswami, D.N. Sarma, Advocates. For the Respondents: R. Hazarika, Addl. CGSC.

Judgment Text

Oral Order:

Manjula Das, Judicial Member.

1. On being aggrieved by the impugned termination order dated 21.05.2018, the applicant has approached this Tribunal vide this OA under Section 19 of the Administrative Tribunals Act, 1985 seeking following relief(s):-

“8.1 The Hon’ble tribunal be pleased to direct the respondents to set aside and quash the impugned termination order under Memo No.A1/Kamargaon B.O/Rectt/2015 dated 21.05.2018 removing the applicant from his regular engagement (Annexure-1). Further, the Hon’ble Tribunal please to direct the respondents that the applicant shall be reinstated in service and will be entitled the consequential benefits. Any other relief(s) which the applicant is entitled to as the Hon’ble Tribunal may deem fit and proper.”

2. Mr. D. N. Sharma, learned counsel for the applicant submitted that without assigning any reason and without giving any opportunity to the applicant the impugned termination order has been issued terminating him from service. According to the learned counsel, the applicant has already completed four years and as per Rule 8 of the Department of Posts, Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011, the department ought to have issued notice prior to termination. Learned counsel submitted that since the order of termination has been issued in violation of the principle of natural justice, the same is not sustainable under the law.

3. It was submitted by the learned counsel that immediately after receipt of the termination order, the applicant has approached this Tribunal for redressal of his grievances.

Mr. Sarma further submitted that in a similar circumstance, one Shri Dwijen Basumatary had filed an O.A. No. 040/00229/2018 before this Tribunal challenging the order of termination from his present engagement which was entertained by this Tribunal by granting interim relief. As the case of the applicant is similar with that Shri Dwijen Basumatary, in view of that, learned counsel prayed similar direction in the present case also.

4. Mr.R.Hazarika, learned Addl. C.G.S.C., appeared on behalf of the respondents. On a query as to under what circumstances the applicant was terminated from service without any notice despite serving more than four years, Mr.Hazarika replied that he has no instruction in the matter.

5. I have heard the learned counsel for the parties, perused the pleadings and material placed before me. It is evident from the perusal of record that before approaching the appropriate authority by way of filing representation, the applicant has come before this Tribunal by filing the instant O.A. On query to the learned counsel for the applicant in regards for coming this Tribunal before approaching the appropriate forum, learned counsel submits that he wants to submit this O.A. before the respondent authority.

6. In view of the above, and without going into the merits of the case, I direct the applicant to submit this O.A. to the respondent no.3 within a period of fifteen days from the date of receipt copy of this order. On receipt of the O.A., the respondent No. 3 shall treat the same as a comprehensive representation and dispose of the same and take a decision by passing a reasoned and speaking order after affording the applicant an opportunity of hearing keeping in mind Rule 8 of the Department of Posts, Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011

Please Login To View The Full Judgment!

within a period of three months thereafter. Needless to mention that the decision of the authority shall be communicated to the applicant forthwith. Respondents are further directed to take back the applicant for resuming his duties on receipt of this order and allow him to continue till disposal of his representation. 7. The OA is disposed of as above. No order as to costs.