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2024 Supreme(Online)(CAT) 2684
Central Administrative Tribunal Principal Bench, New Delhi O.A. No. 1739/2024 Dated this the 26th day of April, 2024 Hon’ble Mr. R N Singh, Member (J)
Hon’ble Mr. Tarun Shridhar, Member (A)
Praveen Kumar Earlier:
Deputy Chief Engineer/Works Northern Railway, Baroda House, New Delhi-110001 Permanent resident of:
16/19-1, Bapa Nagar, Karol Bagh, New Delhi-110005 And now:
Deputy Chief Engineer/Track Metro Railway, Charungee Road, Kolkata- …..Applicant (Advocate: Mr. Vineet Choudhary)
Versus
1. Union of India Through its Secretary, Railway Board, Ministry of Railways, Rail Bhawan, 256A, Raisina Road, Rajpath Area, Central Secretariat New Delhi-110001.
2. The Chairman, Railway Board, Ministry of Railways, Rail Bhawan, 256A, Raisina Road, Rajpath Area, Central Secretariat New Delhi-110001.
3. Mr. AshutoshGangal, (Accepting) General Manager, Northern Railway, Baroda House, New Delhi-110001
4. Mr. Satish Kumar Pandey, (Reviewing) General Manager (Const.), North East Frontier Railway, Maligaon, Guwahati-781011 (Assam).
5. Mr. Tarun Beniwal, (Reporting) Chief Engineer/Planning, Office of Chief Administrative Officer, Northern Railway, Kashmeri Gate, Delhi-110006
6. Shri C.P.Gupta, (Reviewing 2020-2021-2022) Additional Member/Works, Railway Board, Rail Bhawan, New Delhi-110001.
7. Shri Anand Kumar Singh, (Reporting 2020-2021) Part-1 the then Chief Engineer/Works, Northern Railway, Presently Working in IRCON.
8. Shri Anisur Rehman, (Reporting 2021-2022) Part-II Chief Engineer/TMS, Office of Principal Chief Engineer Northern Railway, Baroda House, Delhi.
9. Shri Roop Narayan Sunker, (Decision on one representation by applicant) the then Member Infrastructure, Railway Board, Rail Bhawan, New Delhi-110001.
10. Shri Braj Mohan Aggarwal, (Decision on two representations by applicant) DG/Safety, Railway Board, Rail Bhawan, New Delhi- 110001 ...Respondents (Advocate: Mr. R.S.Rana)
O R D E R (ORAL)
Hon’ble Mr. R. N. Singh, Member (J)
By way of the present O.A. the applicant has prayed for the following reliefs:- (a) Set aside/quash/cancel "the impugned order dated 07.12.2023 by Sh. Roop Narayan Sunker, the then Member Infrastructure, Railway Board, Rail Bhawan, New Delhi-110001 on representation dated 19.05.2023 of the applicant, Mr. Praveen Kumar for the period of 16.11.2021-22.03.2022, another impugned order dated 08.01.2024 by Sh. Braj Mohan Aggarwal, the then Member Infrastructure, Railway Board, Rail Bhawan, New Delhi-110001 on representation dated 19.05.2023 of the applicant, Mr. Praveen Kumar for the period of 01.04.2021- 15.11.2021 and another impugned order dated 07.02.2024 by Sh. Braj Mohan Aggarwal, the then Member Infrastructure, Railway Board, Rail Bhawan, New Delhi-110001 on representation dated 19.05.2023 of the applicant. Mr. Praveen Kumar for the period of 01.06.2020-31.03.2021".
(b) Directions to the respondents to reply representation sent by applicant to the railway authorities for the period of 28.05.2022- 03.02.2023, which has not been replied till date; to (c) To change/remove the arbitrary, unjust, unfair, baised and prejudiced comments from the relevant APARS of the applicant and grading of the applicant be changed to outstanding, as was in the past;
(d) Award cost of this application and proceedings against the respondents and in favour of the applicant, and (e) Pass such other, further order(s) in the facts and circumstances of the case this Hon'ble Tribunal may deem fit and equitable in favour of the applicant and against the respondents.”
2. After arguing for sometime, learned counsel for the applicant seeks permission of this Tribunal to withdraw the present O.A. with liberty to the applicant to file better O.A. in accordance with law.
3. Permission is granted. O.A. stands dismissed as withdrawn, with liberty as aforesaid.
(Tarun Shridhar) (R.N. Singh)
Member (A) Member (J)
