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2013 DIGILAW 457 (DEL)

Union of India v. S. K. Sharma

2013-03-01

PRADEEP NANDRAJOG, PRATIBHA RANI

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JUDGMENT : Pradeep Nandrajog, J. 1. None appears for the respondents even at the second call. We note that the contesting respondent is respondent No.1. The second respondent is the proforma respondent being the Union Public Service Commission. 2. Impugned order passed by the Central Administrative Tribunal on October 07, 2009 would reveal that O.A.No.2206/2008 filed by respondent No.1 has been dealt with and disposed of by a Single Member Bench. Tribunal comprising: Hon’ble Dr.Ramesh Chandra Pandey Member (A). 3. A perusal of the original application would reveal that respondent No.1 had laid a challenge to a penalty order dated March 20, 2008 imposing penalty of reducing him to a lower stage in the time scale of pay by one stage for 2 years without cumulative effect. The respondent had challenged the inquiry proceedings on merits as also on account of the charge sheet being issued belatedly. He had prayed that clause 7 of Government of India guidelines pertaining to the effect of minor penalties affecting promotional rights be declared unconstitutional and illegal. 4. Suffice would it be for us to record that the Central Administrative Tribunal Rules of Practice 1993 are exhaustive and inter-alia stipulate the classification of cases to be dealt subject wise by the different Benches of the Tribunal. 5. Rule 154 of the said Rules reads as under:- “154. Classification of cases subjectwise/department wise.- (a) The scrutiny branch of the Registry shall at the time of scrutiny make classification of the cases as follows:- (i) Department wise; (ii) Subject wise; and (iii) Cases which can be heard by a Single Member Bench. (b) The department wise classification shall be made in accordance with Appendix VI, as may be modified by the Chairman from time to time. (c) Subject wise classification shall be made in accordance with Appendix VII, as may be modified by the Chairman from time to time. (d) Single Member Bench cases shall be classified in accordance with Appendix VII as may be modified by the Chairman from time to time. (e) The classification as above shall be entered in the relevant columns in the report of scrutiny in Form No.2/Form No.3, Order Sheet in Form No.4 and Facing Sheet of the final cover in Form No.5, referred to in rules 11 to 13 of these Rules.” 6. (e) The classification as above shall be entered in the relevant columns in the report of scrutiny in Form No.2/Form No.3, Order Sheet in Form No.4 and Facing Sheet of the final cover in Form No.5, referred to in rules 11 to 13 of these Rules.” 6. A perusal of Clause ‘c’ of Rule 154 would reveal that on the subject wise classification the roster allocation would be as per Appendix VII. That compels us to note Appendix VII. The same reads as under:- “SUBJECT-WISE CLASSIFICATION OF CASES DIVISION BENCH CASES 1. Absorption in Public Sector/Autonomous Bodies/Other Departments 2. Ad-hoc Appointments/Regularization 3. All India Services 4. Allotment/Vacation/Eviction of Quarters 5. Civil Services Examination 6. Creation and Abolition of Post 7. Daily Wages/Casual/Regularization 8. Deputation/Regularization 9. Disciplinary – Cases (a) Major Punishment–Dismissal/Removal/Compulsory Retirement Reduction in Rank (b) Minor Punishment–Other Punishments (c) Suspension 10. Extra Departmental Staff 11. Leave Rules – Break in Services/Dies Non 12. Lien 13. Medical Facilities 14. Probation 15. Recruitment & Appointment 16. Reservation for SC/ST/Ex-servicemen/Physically Handicapped 17. Reversion 18. Retirement under FR 56(J) 19. Scale of Pay 20. Selection/Promotion 21. Seniority/Confirmation 22. Surplus Staff – Redeployment of 23. T.A. 24. Temporary Service, Rules/Termination of Service 25. Training 26. Uniform and Washing Allowance 27. Voluntary, Resignation/Retirement 28. All Single, Bench Cases Classified, under the Heads (A) to (M) in Appendix VIII.” 7. Item No.28 of Appendix VII refers to Appendix VIII and clarifies that only such subject matters have to be dealt with by Single Benches. That takes us to Appendix VIII. It reads as under:- APPENDIX VIII (See rule 154) SUBJECT-WISE CLASSIFICATION OF CASES SINGLE BENCH CASES (a) Allotment of Eviction for Government Accommodation” (b) Claims of Medical Reimbursement, Leave, Joining Time, LTC and Over-Time (c) Compassionate Appointment/Appointment of Dependents Dying in Harness (d) Crossing of Efficiency Bar (e) Date of Birth (f) Entry in Character Rolls/Confidential Record/Service, record, made otherwise than as a measure of penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965 (g) Fixation of Pay (h) Grant of Passes to Railway Employees (i) Grant of Pension, Family Pension, other Retirement Benefits and Interest on Retirement Benefits (j) Grant or Refusal to Grant Advances/Loans (k) Grant, Refusal or Recovery of Allowances (l) Postings/Transfers (m) Stagnation Increment” 8. A perusal of the two Appendixes would reveal that issues pertaining to disciplinary matters irrespective of whether penalty levied is major or minor have to be dealt with by a Division Bench. 9. Under the circumstances the learned Single Bench Member of the Tribunal would be coram-non-judice. The writ petition stands disposed of setting aside the impunged order dated October 07, 2009. O.A.No.2026/2008 filed by respondent No.1 is restored for re-adjudication by a Division Bench of the Tribunal. 10. Since none appears for respondent No.1 we are not fixing any actual date for appearance before the Tribunal. 11. Upon restoration of the original application the Registrar of the Tribunal would serve a notice upon respondent No.1, who is the applicant before the Tribunal as also his counsel. Notice would also be served upon the respondents before the Tribunal. The matter would be heard afresh. 12. No costs. 13. DASTI. CM No.16237/2011 Disposed of as infructuous.