At, Central Administrative Tribunal Ernakulam Bench
By, HONOURABLE MR. JUSTICE K. THANKAPPAN
By, JUDICIAL MEMBER & HONOURABLE MR. K. GEORGE JOSEPH
By, ADMINISTRATIVE MEMBER
For the Applicant: Mr. R. Sreeraj, Advocate. For the Respondents: Mr. S. Radhakrishnan (R1&2) Advocate Mr. Sunil Jacob Jose, SCGSC (R3).
In this original application, the applicant challenges the penalty order passed by the Disciplinary Authority and order of the Appellate Authority confirming the order passed by the Disciplinary Authority. Though this Tribunal has admitted this original application on 12.12.2008 and notice has been ordered to the respondents, on considering the present stand taken by the applicant, we are of the view that this O.A. can be disposed of at this stage.
2. Allowing the applicant to pursue his revision petition filed as provided under Rule 29 of the CCS (CCA) Rules. It has come out in evidence that the applicant has already filed a revision petition before the Secretary to the Government. But as per the provisions of Rule 29, the revision has to be filed before the President of India and hence the Secretary had returned the same during July, 2008 and thereafter the applicant has not presented the revision to the President. As per the Rules, the applicant directly approached this Tribunal filing the present application. On considering the facts and circumstances which led to the filing of the O.A. and on hearing the counsel for the parties, we are of the view that it is only proper for the applicant to pursue his revision which he had tried once before the Hon'ble Authority as contemplated under Rule 29 of the CCS (CCA) Rules. Hence we direct the applicant to file the revision before the Competent Authority within a reasonable time at any rate within one month from today. After such revision is filed, the Revisioning Authority may consider the matter afresh and take appropriate decision in the revision. The admission of the O.A. cannot be considered as a bar, for pursuing the revision before the Revisioning Authority and hence this O.A. stands disposed of by
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directing the applicant to pursue the revision as aforesaid and this order is also without considering any of the merits of the case set up by the applicant in this O.A. Ordered accordingly. No costs.