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BIJOY KR SARDAR v. PROF. VED PRAKASH

Central Administrative Tribunal
Feb 22, 2017

CENTRAL ADMINISTRATIVE TRIBUNAL

CALCUTTA BENCH

No. CPC. 351/4/2016 Date of order: 22.2.2017 M.A. 351/35/2017

O.A. 351/72/2013

Present : Honbie Mr. A.K. Patnaik, Judicial Member Hon'ble Ms. Jaya Das Gupta, Administrative Member Bijoy Krishna Sardar,

S/c Shri Jasobanta Sardar,

Rio Collinpur,

P/c Harbartabad,

Ferrargunj Tehsil,

South Andaman

Applicant

- VERSUS—

Professor Ved Prakash,

Chairman,

University Grants Commission (UGC),

Bahadur Shah Zafar Marg,

New Delhi - 110 002.

RespondentiContemnor

For the Applicant : Mr. P,K. Arora, Counsel For the Respondents : Mr. A.K. Banerjee, Counsel

0 R D E R (Oral) PerA.K. Patnaik, Judicial Member:

This Contempt Petition has been filed under Section 23 of the Contempt of Courts Act 1971 (70 of 1971) read with Section 17 of the Administrative Tribunals Act, 1984 (13 of 1985) alleging wilful violation of the orders passed by this Tribunal in O.A. No. 72/AN/2013 'dated

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10.10.20 15.

2. On perusal of records we find that the O.A. No. 72/AN/2013 has been filed seeking the following prayers:-

"a) An order/orders directing the respondent authorities to appoint the applicant to the post of Junior Radiographer-cum-Receptionist for which the authorities have conducted the selection. An order/orders quashing the order dated 11.3.2013 issued by the Director of Health Services, Andaman & Nicobar Administration, Port Blair to the effect that JRN, Rajasthan Vidhyapeet Deemed University is not a recognized institution.

An order/orders directing the respondent authority to recognize the diploma in Medical Radiology Technology from JRN Rajasthan Vidhyapeet Deemed University.

An order/orders directing the respondent authorities to grant all consequential benefits after appointing the applicant to the post of Junior Radiographer-cum-Receptionist.

An order/orders directing the respondent authorities to grant all the consequential and monitory benefit to the applicant.

1) An order directing the respondent authorities to act in accordance with law.

g) An order do issue directing the respondents to produce the records of the case before this Hon'ble Irthunal so that conscionable justice may be done."

3. On 29.3.2016 when the matter was heard the following orders were passed:-

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On perusal of order dated 10.10.2015 it reveals that the applicant has to make a representation to the A&N Administration within fifteen days with a copy of the order. The same has been served upon Chief Secretary, A&N Administration on 19.10.2015 but what happened after that, whether the representation was forwarded or not or whether if forwarded whether UGC has given its recommendation or not.

Hence, we are issuing notice to the contemnors. It would be appropriate that they should file reply with regard to the present representation of the applicant within 4 weeks.

List on 30.6.2016."

4. Today Mr. P.K. Arora, Ld. Counsel appears for the petitioner and Mr. A.K. Banerjee, Ld. Counsel appears for the alleged contemnors. Ld. Counsel appearing for the petitioner has filed an M.A. No. 35/2017 for

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withdrawal of the Contempt Petition.

5. Hence, the CP is dismissed as withdrawn and the M.A. No. 35 of 2017 filed for withdrawing the CP is thus allowed. Notices issued, if any, are discharged.

(A.K. Patnaik)

(Jaya Das Gupta)

Administrative Member Judicial Member