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

Dijen Basumatary, GDS MD, Kamargaon 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:- GDS CORPORATION PRIVATE LIMITED [Active] CIN = U74120UP2013PTC055856

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. 040/00229 of 2018

    Decided On, 18 July 2018

    At, Central Administrative Tribunal Guwahati Bench Guwahati


    For the Applicant: D.N. Sharma & S. Nath, Advocate. For the Respondents: R. Hazarika, Addl. C.G.S.C.

Judgment Text

Oral Order:

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.