Central Administrative Tribunal
LAKHVINDER SINGH vs M/O DEFENCE on 28 December 2018
(OA No. 060/01570/2018)
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
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ORIGINAL APPLICATION N0. 060/01570/2018
Chandigarh, this the 28th day of December, 2018
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CORAM: HON’BLE MR. SANJEEV KAUSHIK, MEMBER (J)
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Lakhvinder Singh son of late Sh. Sher Singh aged 37 years, Group- C, working as CMD (OG) 5682 ASC Bn (MT), resident of Village Nada Sahib, Tehsil and District Panchkula. Pin 134109.
.…APPLICANT
( By Advocate: Shri Suresh Verma )
VERSUS
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1. Union of Indi through the Secretary to the Government of India, Ministry of Defence, North Block, New Delhi-110011.
2. Director General of Sup & Tpt, (ST 12) (Civ) Quartermaster General’s Branch, Integrated HQ of MoD (Army) Pin 900256 C/o 56 APO.
3. Comandant, ASC Records (South) PIN 900493, C/o 56 APO.
4. Commanding Officer, 5682 ASC Bn (MT) PIN 905682 C/o 56 APO.
.…RESPONDENTS (By Advocate: Shri Sanjay Goyal)
ORDER (oral) SANJEEV KAUSHIK, MEMBER (J)
In the present Original Application (O.A.), the applicant has assailed his order of transfer dated 6.9.2018 (Annexure A-1) whereby he has been transferred from 5682 ASC Bn (MT) to 5104 ASC Bn (MT), Misamari (Assam).
2. At the commencement of hearing, Sh. Verma, learned counsel for applicant submitted that one Shri Varinder Kumar, No. 14861055X CMD (OG) has made a request (Annexure A-3) for his transfer to go to 5104 ASC (Bn) Misamari (Assam) in place of
(OA No. 060/01570/2018)
applicant. The applicant after indicated application has submitted a representation dated 5.12.2018 (Annexure A-4) to allow him to continue at his present place of posting as his mother is suffering from illness. He submitted that his representation has not been decided by the respondents, therefore, let a direction be issued to respondents to decide his pending representation by passing a reasoned and speaking order within time bound manner.
3. Issue notice to respondents. At this stage, Mr. Sanjay Goyal, Learned Senior Counsel for UOI, present in Court, accepts notice on behalf of the respondents. He states that the respondents be granted 3 weeks time so that they can decide the representation of the applicant, if not already done.
4. Considering the ad-idem between the parties and without commenting upon the merits of the case, I propose to dispose of this O.A. in limine by directing the Competent Authority amongst the respondents to take a final view on the representation of the applicant within a period of 3 weeks as prayed for by learned counsel for respondents, if they have not already done and communicate the same to the applicant. The disposal of the O.A. will not be construed as an expression of any opinion on the merit of the case.
(SANJEEV KAUSHIK)
MEMBER (J)
Dated: 28.12.2018 `SK’