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O.A. No. 2558/2015

Item No. 02

Central Administrative Tribunal

Principal Bench, New Delhi

O.A. No. 2558/2015

M.A. No. 1320/2022

This the 30^th day of August, 2022

Hon’ble Mr. R N Singh, Member (J)

Hon’ble Mr. Tarun Shridhar, Member (A)

Sh. RAVI S/O AZAD

DOB 15.05.1982

33 YEARS, DRIVER

R/O J-24 SHAKOORPUR

J.J. COLONY, DELHI – 34.

…Applicant

(By Advocate: Mr. F.K. Jha)

Versus

1.CHIEF SECRETARY,

GOVT. OF NCT,

PLAYERS BUILDING, I.P. ESTATE,

NEW DELHI.

2.DELHI TRANSPORT CORPORATION,

I.P. ESTATE,

DELHI-110002.

3.THE DEPOT MANAGER,

DELHI TRANSPORT CORPORATION,

(GOVT. OF NCT OF DELHI),

MILLENIUM DEPOT-III,

DELHI – 110002.

…Respondents

(By Advocate: Mr. Karunesh Tandon and Mr. Rahul Chauhan)

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O.A. No. 2558/2015

Item No. 02

O R D E R (ORAL)

Hon’ble Mr. R. N. Singh, Member (J):

In the present O.A., filed under Section 19 of the

Administrative Tribunals Act, 1985, the applicant has

challenged the order dated 22.01.2014 terminating the

services of the applicant with effect from 23.01.2014 under

Clause 9 (a) (i) of DRTA (Conditions of Appointment and

Services) Regulation, 1952, (Annexure A-1), and the order

dated 05.06.2014 (Annexure A-2) passed on his appeal by

the appellate authority. The applicant has sought the

following relief(s) :-

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O.A. No. 2558/2015

Item No. 02

interest of justice.”

2. Pursuant to notice from the Tribunal, the respondents

have filed counter reply and have justified the impugned

order. The applicant has filed rejoinder and has reiterated

the grounds and prayers as made in the O.A.

3. We have heard the learned counsels for the parties

and we have perused the pleadings available on record. On

bare perusal of the impugned order dated 22.01.2014

(Annexure A-1), it appears that the order was passed by the

Disciplinary Authority (D.A.) after affording an opportunity

to the applicant by giving a show cause notice. However, it is

also evident from the said order that none of the grounds or

the assertions made by the applicant in the reply to the show

cause notice has been taken into consideration by the D.A.

4. On his statutory appeal, the Appellate Authority has

passed the following order dated 05.06.2014:-

5. It is not in dispute that the Disciplinary Authority or

the Appellate Authority are duty bound to take into

consideration the facts and grounds taken by the applicant.

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O.A. No. 2558/2015

Item No. 02

It is evident from the orders and the pleadings on record

that the impugned orders are cryptic and passed without

taking into consideration the grounds taken by the

applicant.

6. Accordingly, the impugned orders are set aside and

the matter is remanded back to the Disciplinary Authority

and the Appellate Authority to reconsider the matter afresh

and pass a reasoned and speaking order in accordance with

law.

7. However, in the facts and circumstances, there shall

be no order as to costs.

8. Pending associated M.A., if any, shall stand disposed

of accordingly.

(Tarun Shridhar)

( R N Singh )

Member (A)

Member (J)

/dd/