Lalan Kumar v. Union of India through General Manager, South Eastern Railway (SER), Kolkata
2020-07-06
ANUBHA RAWAT CHOUDHARY, APARESH KUMAR SINGH
body2020
DigiLaw.ai
JUDGMENT : Learned counsel Mr. M.A. Khan for the applicant/petitioner and Mr. Yogendra Prasad for the respondent Railways are present through Video Conferencing. 2. Applicant is aggrieved by the order dated 11.11.2016 passed in O.A. No. 051/00170/2015 by the learned Central Administrative Tribunal, Ranchi Circuit Bench, whereby the O.A. has been dismissed invoking Rule 10 of the Central Administrative Tribunal (Procedure) Rules, 1987, since applicant had raised two different cause of actions arising out of two separate charge-sheet, punishment orders and appellate orders before the Learned CAT in one O.A., i.e., the present one. The facts are not in dispute that applicant faced two separate proceedings, though the order of punishment in both of them are of the same nature i.e., withholding of 4 sets of Privilege Passes from his account and recovery of an amount of Rs.50,000/-only from his salary in 5 equal monthly installments. The first order of punishment is dated 31.10.2014, whereas the second order of punishment is dated 13.05.2015 arising out of two separate memo of charges. 3. Rule 10 of the Central Administrative Tribunal (Procedure) Rules, 1987 reads as under: “10. Plural remedies.—An application shall be based upon a single cause of action and may seek one or more reliefs provided that they are consequential to one another.” 4. Respondents in their written statement and counter affidavit have not disputed this factual position that the orders impugned in the O.A. were passed in two different departmental proceedings, though they are of the same import. 5. After some arguments, learned counsel for the petitioner submits that petitioner would confine his challenge to only one of the orders of punishment in the present O.A. i.e., the order dated 31.10.2014 arising out of the departmental proceedings under charge-sheet dated 21.10.2014. He however seeks liberty to assail the other order of punishment in a separate O.A. with a proper explanation of delay through a miscellaneous application attached to it. He submits that it may be observed that delay in preferring the fresh O.A. for assailing the second order of punishment may be sympathetically considered by the learned CAT since the applicant/petitioner has been pursuing his remedy before the learned CAT and this Court. 6. Learned counsel for the respondents Railways submits that two cause of actions or plural remedies and are not maintainable in one O.A. as per Rule 10 of the Central Administrative Tribunal (Procedure) Rules, 1987.
6. Learned counsel for the respondents Railways submits that two cause of actions or plural remedies and are not maintainable in one O.A. as per Rule 10 of the Central Administrative Tribunal (Procedure) Rules, 1987. Therefore, this Court may pass an appropriate order as deemed fit and proper. 7. Having considered the submission of learned counsel for the parties in the light of the facts and circumstances noted above and also the prayer of the writ petitioner that he would confine himself to only one punishment order in the instant O.A., while seeking liberty to file fresh O.A. for assailing the second order of punishment, we deem it proper to direct in the following manner: The matter is being remanded to learned CAT, Patna Bench at Ranchi to consider and decide the challenge relating to the order of punishment dated 31.10.2014 imposed upon the applicant in the instant O.A. Meanwhile, petitioner is at liberty to assail the second order of punishment dated 13.05.2015 in a separate proceeding. It is open for him to seek condonation of delay through a miscellaneous application explaining the grounds as indicated above. Needless to say, the learned CAT would take a considerate view of the matter on the point of delay since petitioner was pursuing two causes of action in a single O.A. up to this Court in the present proceeding on a misconceived notion. 8. With the aforesaid directions and observations, the impugned order is set aside to the extent indicated herein above. The matter is remanded to the learned CAT, Patna Bench at Ranchi to take a fresh decision. The writ petition is disposed of.