Delhi High Court
Union Of India And Anr vs S.K.Sharma And Anr on 1 March, 2013
Author: Pradeep Nandrajog
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: March 01, 2013
+ W.P.(C) 7109/2011
UNION OF INDIA AND ANR ..... Petitioner
Represented by: Mr.Sachin Datta, Advocate with
Mr.Vineet Tayal, Advocate
versus
S.K.SHARMA AND ANR ..... Respondent
Represented by: None
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE PRATIBHA RANI
PRADEEP NANDRAJOG, J. (Oral)
1. None appears for the respondents even at the second call. We
note that the contesting respondent is respondent No.1. The second
respondent is the proforma respondent being the Union Public Service
Commission.
2. Impugned order passed by the Central Administrative Tribunal
on October 07, 2009 would reveal that O.A.No.2206/2008 filed by
respondent No.1 has been dealt with and disposed of by a Single Member
Bench. Tribunal comprising: Hon'ble Dr.Ramesh Chandra Pandey Member
(A).
3. A perusal of the original application would reveal that
respondent No.1 had laid a challenge to a penalty order dated March 20,
2008 imposing penalty of reducing him to a lower stage in the time scale of
pay by one stage for 2 years without cumulative effect. The respondent had
challenged the inquiry proceedings on merits as also on account of the
charge sheet being issued belatedly. He had prayed that clause 7 of
Government of India guidelines pertaining to the effect of minor penalties
affecting promotional rights be declared unconstitutional and illegal.
4. Suffice would it be for us to record that the Central
Administrative Tribunal Rules of Practice 1993 are exhaustive and inter-alia
stipulate the classification of cases to be dealt subject wise by the different
Benches of the Tribunal.
5. Rule 154 of the said Rules reads as under:-
"154. Classification of cases subjectwise /departmentwise.-
(a) The scrutiny branch of the Registry shall at the time of
scrutiny make classification of the cases as follows:-
(i) Department wise;
(ii) Subject wise; and
(iii) Cases which can be heard by a Single Member Bench.
(b) The department wise classification shall be made in
accordance with Appendix VI, as may be modified by the
Chairman from time to time.
(c) Subject wise classification shall be made in accordance
with Appendix VII, as may be modified by the Chairman
from time to time.
(d) Single Member Bench cases shall be classified in
accordance with Appendix VII as may be modified by
the Chairman from time to time.
(e) The classification as above shall be entered in the
relevant columns in the report of scrutiny in Form
No.2/Form No.3, Order Sheet in Form No.4 and Facing
Sheet of the final cover in Form No.5, referred to in rules
11 to 13 of these Rules."
6. A perusal of Clause 'c' of Rule 154 would reveal that on the
subject wise classification the roster allocation would be as per Appendix
VII. That compels us to note Appendix VII. The same reads as under:-
"SUBJECT-WISE CLASSIFICATION OF CASES
DIVISION BENCH CASES
1. Absorption in Public Sector/Autonomous Bodies/Other
Departments
2. Ad-hoc Appointments/Regularization
3. All India Services
4. Allotment/Vacation/Eviction of Quarters
5. Civil Services Examination
6. Creation and Abolition of Post
7. Daily Wages/Casual/Regularization
8. Deputation/Regularization
9. Disciplinary - Cases
(a) Major Punishment-Dismissal/Removal/Compulsory
Retirement Reduction in Rank
(b) Minor Punishment-Other Punishments
(c) Suspension
10. Extra Departmental Staff
11. Leave Rules - Break in Services/Dies Non
12. Lien
13. Medical Facilities
14. Probation
15. Recruitment & Appointment
16. Reservation for SC/ST/Ex-servicemen/Physically
Handicapped
17. Reversion
18. Retirement under FR 56(J)
19. Scale of Pay
20. Selection/Promotion
21. Seniority/Confirmation
22. Surplus Staff - Redeployment of
23. T.A.
24. Temporary Service, Rules/Termination of Service
25. Training
26. Uniform and Washing Allowance
27. Voluntary, Resignation/Retirement
28. All Single, Bench Cases Classified, under the Heads (A) to (M)
in Appendix VIII."
7. Item No.28 of Appendix VII refers to Appendix VIII and
clarifies that only such subject matters have to be dealt with by Single
Benches. That takes us to Appendix VIII. It reads as under:-
APPENDIX VIII
(See rule 154)
SUBJECT-WISE CLASSIFICATION OF CASES
SINGLE BENCH CASES
(a) Allotment of Eviction for Government
Accommodation"
(b) Claims of Medical Reimbursement, Leave, Joining
Time, LTC and Over-Time
(c) Compassionate Appointment/Appointment of
Dependents Dying in Harness
(d) Crossing of Efficiency Bar
(e) Date of Birth
(f) Entry in Character Rolls/Confidential
Record/Service, record, made otherwise than as a
measure of penalty under Central Civil Services
(Classification, Control and Appeal) Rules, 1965
(g) Fixation of Pay
(h) Grant of Passes to Railway Employees
(i) Grant of Pension, Family Pension, other
Retirement Benefits and Interest on Retirement
Benefits
(j) Grant or Refusal to Grant Advances/Loans
(k) Grant, Refusal or Recovery of Allowances
(l) Postings/Transfers
(m) Stagnation Increment"
8. A perusal of the two Appendixes would reveal that issues
pertaining to disciplinary matters irrespective of whether penalty levied is
major or minor have to be dealt with by a Division Bench.
9. Under the circumstances the learned Single Bench Member of
the Tribunal would be coram-non-judice. The writ petition stands disposed
of setting aside the impunged order dated October 07, 2009.
O.A.No.2026/2008 filed by respondent No.1 is restored for re-adjudication
by a Division Bench of the Tribunal.
10. Since none appears for respondent No.1 we are not fixing any
actual date for appearance before the Tribunal.
11. Upon restoration of the original application the Registrar of the
Tribunal would serve a notice upon respondent No.1, who is the applicant
before the Tribunal as also his counsel. Notice would also be served upon
the respondents before the Tribunal. The matter would be heard afresh.
12. No costs.
13. DASTI.
CM No.16237/2011
Disposed of as infructuous.
(PRADEEP NANDRAJOG)
JUDGE
(PRATIBHA RANI)
JUDGE
MARCH 01, 2013
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