Central Administrative Tribunal
Mohd Nayyar Afaque vs M/O LABOUR AND EMPLOYMENT on 29 October 2026
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CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM Order Sheet Item no.: 23 O.A./622/2025 (ERNAKULAM) [ INCREMENT ] Court No.: 1 No of Adjournment: 6 Order Dated: 29/10/2026 MOHD NAYYAR AFAQUE Vs M/O LABOUR AND EMPLOYMENT For Applicant(s) Advocate : Mr. R. Sreeraj For Respondent(s) Advocate : Mr. C. Rajendran, SPC Notes of The Registry Order of The Tribunal Respondents were granted sufficient opportunities to file the reply statement. Ultimately by order dated 06.08.2026, the respondents were granted time to file reply statement as last chance and posted to 23.09.2026. On 23.09.2026, we passed the following order: "...The learned SPC submitted that the reply statement is ready and is awaiting signature of the parties. Accordingly, we are inclined to grant 10 days' time to file reply statement, failing which, personal appearance of the concerned officer will be ordered..." The matter was adjourned to 09.10.2026. On 09.10.2026, we passed the order as follows: "...Learned SPC seeks time to file reply statement. We take note of the fact that the matter was posted as last chance for filing reply by order dated 06.08.2026, and on 23.09.2026, when the matter was taken up, the learned SPC sought time again. We were inclined to grant 10 days' time to file reply subject to a condition that if the reply is not filed, appearance of the concerned officer will be ordered. Even today, it has not come up. Accordingly, we are inclined to direct the 3rd respondent to be present before this Tribunal on 29.10.2026 at 10:30 a.m., to answer the allegations raised in the OA..." The 3rd respondent is not present today. It is reported that reply statement is being filed today. However, an application to withdraw the order of personal appearance has been filed today. A copy of the communication issued by the Assistant Director, New Delhi on 28.10.2026 is enclosed with the M.A. It shows that the approved draft reply was forwarded to the Regional Office at Kochi only on 28.10.2026. We note that there is absolute callousness handling the O.A. 2026.10.29 17:03:40+05'30' VISHAL
In the above circumstances, we are inclined to reject the application filed by the respondents seeking exemption from personal appearance. The 3rd respondent is directed to remain present on 11.11.2026 and explain as to why recordable strictures shall not be passed against him. If he fails to remain present before the Tribunal, coercive steps will be ordered for enforcing the presence of the 3rd respondent. Post on 11.11.2026.
V RAMA MATHEW MEMBER (A) JUSTICE SUNIL THOMAS MEMBER (J) Vishal ( steno 'c' )
Case No O.A./622/2025 Ernakulam Bench List In: Main causelist Item No. 23 Generated by SANDRA CAT Central Administrative Tribunal Ernakulam Bench on 29/10/2026
2026.10.29 17:03:40+05'30' VISHAL