At, Central Administrative Tribunal Guwahati Bench Guwahati
By, THE HONOURABLE MRS. MANJULA DAS
By, JUDICIAL MEMBER
For the Applicant: D.N. Sharma & S. Nath, Advocate. For the Respondents: R. Hazarika, Addl. C.G.S.C.
1. On being aggrieved by the impugned termination order dated 18.06.2018, 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 18.06.2018 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 three 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 OA. 040/00229/2018 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 made a representation before the respondent no.3 on 25.06.2018 which is still pending and no action has been taken by the respondents.
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 three years, Mr.Hazarika replied that he has no instruction in the matter.
5. As the representation of the applicant against the termination order is pending, I deem fit and proper to send back the matter to the department to take a decision on the representation pending before them. Accordingly, without going into the merits I direct the respondent no.3 to take a decision of the representation of the applicant dated 25.06.2018 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 OA. 040/00229/2018 Engagement) Rules, 2011 within a period of three months from the date of receipt of this order. Needless to mention that the decision of the authority shall be communicated t
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o 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. 6. The OA is disposed of as above at the admission stage. No order as to costs.