At, Central Administrative Tribunal Guwahati Bench Guwahati
By, THE HONOURABLE MRS. MANJULA DAS
By, JUDICIAL MEMBER
For the Applicant: S. Nath, A. Debgoswami, D.N. Sarma, Advocates. For the Respondents: R. Hazarika, Addl. CGSC.
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
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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.