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CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No. 040/00242/2020
Date of Order: This, the 23rdday of November, 2020
THE HON'BLE SMT. MANJULA DAS, MEMBER (J) THE HON'BLE MR. NEKKHOMANG NEIHSIAL, MEMBER (A)
Suresh Kumar Force No. 831570296 S/o Shri Shyodan Yadav Aged about 58 years Presently posted at CH CRPF Hospital 9thMile, Shillong Road
Kamrup (M), Guwahati, Assam Pin - 781023.
… Applicant
- Versus -
1. The Union of India Represented by the Secretary Ministry of Home Affairs New Delhi - 110001.
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2. The Director General Central Reserve Police Force CGO Complex, Lodhi Road New Delhi - 110003.
3. The Director (Medical) Central Reserve Police Force Atpushp Vihar, Sector-IV New Delhi - 17.
4. The Inspector General (Medical) Central Police Force
R.K. Puram, New Delhi.
5. The Deputy Inspector General of Police Group Centre, Central Reserve Police Force Guwahati, Assam, Pin - 781023. ………Respondents.
For the Applicants: R. Mazumdar, H. Bezbaruah, P. Rai & P.K. Devi
For the Respondents: Sri S.K. Ghosh, Addl. CGSC
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O R D E R (ORAL)
MANJULA DAS, MEMBER (J):
This matter has been taken up through video conferencing.
2. This case has been filed by the applicant under Section 19 of the Administrative Tribunal Act, 1985 seeking for the following reliefs:-
"8.1 Direct the respondent authority for modification/alteration/cancellation/deferment of impugned order dated 19/08/2020, so far relates to the posting of applicant is concern only, by which the applicant was directed to be transferred to 53rdBattalion which is located at Srinagar.
8.2 Direct the respondents to consider the case of applicant and either allow him to service in present place of posting or his choice taking into consideration his date of retirement, i.e. January 2021 and also other factors mentioned in his application.
8.3 Direct the respondent Authority to dispose his representation dated 05/10/2020 which is still pending for consideration.
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8.4 Grant any other such further or other reliefs as this Hon'ble Tribunal may deem fit, proper and necessary in the interest of justice and in the circumstances of the case."
3. Heard Sri R. Mazumdar, learned counsel for the applicant and Sri S.K. Ghosh, learned Addl. CGSC for the respondents.
4. Learned counsel appearing for the applicant fairly submitted that applicant's representation dated 05.10.2020 made before the IG/Director (Medical), CRPF, R.K. Puram, New Delhi (respondent No. 4) is pending for disposal. He therefore, prays for disposal of the said representation within a time frame and till disposal of the same, his client shall not be disturbed from the present post at Guwahati.
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5. On the other hand, Sri S.K. Ghosh, learned Addl. CGSC appearing for the respondents also agreed to the prayer made by the learned counsel for the applicant and submitted that let the pending representation dated 05.10.2020 be considered by the competent authority and dispose of it within a reasonable time.
6. By accepting the prayer made by the applicant, with the consent of the parties and without expressing any opinion on merit, we hereby dispose of the O.A. by directing the respondent authority more particularly respondent No. 4 to consider and dispose of the pending representation dated 05.10.2020 and pass a reasoned and speaking order, within a period of two months from the date of receipt of this order.
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7. It is made clear that whatever order to be passed by the respondent No. 4 shall be communicated to the applicant forthwith. Till then, applicant shall not be disturbed from the present place of post at Guwahati.
8. With the above observations and directions, O.A. stands disposed of at the admission stage. There shall be no order as to costs.
(NEKKHOMANG NEIHSIAL) (MANJULA DAS)
MEMBER (A) MEMBER (J)
PB
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