Dharam Chand v. Union Of India

S.D Anand, Member (J):— That there had been litigative ventures between the parties herein on an earlier occasion as well is not relevant for the time being. The relevant facts which can safely be culled out from the material obtaining on the file is that the Disciplinary Authority had granted order (Annexure A-1) on the authority of the order dated 25.11.2011 (Annexure A-2).

2. In terms of the provisions of Administrative Tribunals Act, 1985, an OA can be filed only after the applicant therein has exhausted all the remedies available to him under the Act. In view of the fact that there is not even an averment that the applicant herein has filed an appeal against the impugned order of removal from service, this OA cannot be held to be competent.

3. We would, accordingly, dispose of the OA with a finding that it is not competent in view of the fact that the applicant has not availed of the remedy available to him, by way of appeal, before the Appellate Authority.

8. Disposed of accordingly.