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Item No. 03 OA 1668/2022

Central Administrative Tribunal

Principal Bench, New Delhi

O.A. No. 1668/2022

This the 8^th day of July, 2022

Hon’ble Mr. Mohd. Jamshed, Member (A)

Rakesh Malra

S/o Shri Faqir Singh

Store Assistant ‘B’ [Group-C]

Defence Institute Physiology and Allied Sciences,

Defence Research and Development Organisation,

Ministry of Defence, Lucknow Road, Timarpur,

Delhi – 110054

Presently residing at:

R/o. Qr. No. 22, Type – II,

North West Moti Bagh,

New Delhi - 110021

...Applicant

(By Advocate :

Ms. Hiteshi Kakkar with

Mr. Amrit Singh Khalsa)

Versus

1. Union of India

Through the Secretary,

Defence Research and Development Organisation,

Department of Defence Research and Development,

Ministry of Defence,

DRDO Bhawan, Rajaji Marg,

New Delhi – 110011.

2. Director

Defence Institute Physiology and Allied Sciences,

Defence Research and Development Organisation,

Department of Defence Research and Development,

Ministry of Defence,

Lucknow Road, Timarpur,

Delhi – 110054.

... Respondents

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Item No. 03 OA 1668/2022

O R D E R (ORAL)

It is stated that the applicant joined as Store

Assistant ‘A’ in Defence Research and Development

Organisation (DRDO), Pune on 06.07.2009. Vide

Circular dated 19.08.2011, the Director of Personnel,

DRDO Headquarters sought willingness for interested

Store Assistant ‘A’, who were ready to work in the

Institute

of

the

Organisation

at

Mussoorie.

On

26.08.2011, the applicant submitted his willingness to

work at Mussoorie. However, the applicant was posted at

New Delhi vide letter dated 21.12.2011. Thereafter, on

01.01.2017, he was promoted to the post of Store

Assistant ‘B’ in Level 4. He was posted to the Ministry of

External Affairs, New Delhi on deputation w.e.f.

24.08.2017 till 31.05.2018. The applicant submitted

various representations for change of posting to the

respondents. Unfortunately, in the year 2021, he met with

an accident and, again, he preferred a representation for

change of headquarters, however, the same was rejected

by the respondents vide order dated 06.09.2021.

2. Vide Circular dated 25.08.2021, the respondents

notified a vacancy of Administrative Assistant/Steno at

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Item No. 03 OA 1668/2022

O/o TA (Defence), HCI, London. Being eligible, the

applicant applied for the said post, however, the same

was rejected by the respondents on the ground of ‘no

vacancy’. The applicant challenged the same by filing the

OA No. 2557/2021 before this Tribunal, which is still

pending adjudication. During the pendency of the matter,

the respondents vide order dated 12.01.2022, placed the

applicant under suspension, without issuing any show

cause

notice.

Vide

letter

dated

11.04.2022,

the

respondents

further

extended

the

period

of

his

suspension for 180 days w.e.f. 12.04.2022. The applicant

made various representations to review his suspension

and a representation dated 18.01.2022 for requesting

change of headquarters during suspension, but the same

has not yet been decided by the respondents. Hence, this

OA.

3. Learned counsel for the applicant contended that

the last place of posting/headquarter of the applicant

may be changed during the pendency of his suspension,

in terms of instructions on suspension issued by the

DoPT vide Office Memorandum No.11012/17/2013-

Estt(A) dated 02.01.2014.

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Item No. 03 OA 1668/2022

4. Today, I heard Ms. Hiteshi