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2022 Supreme(Online)(CAT) 1727

MISCELLENEOUS

FRI

MR. N.C.SINHA

S/O LATE MR J C SINHA,

AGED ABOUT 67

EX ADDITIONAL GENERAL MANAGER,

CENTRAL RAILWAY

RESIDING AT F.20

ROHAN

WAKAD

VS:

1. UNION OF INDIA

REPRESETNED BY ITS CABINET SECRETARY,

CABINET SECRETARIAT,

RASHTRAPATHI BHAVAN,

NEW DELHI

2. RAILWAY BOARD

RAILWAY BHAVAN, RAISINA ROAD

NEW DELHI

REPRESENTED BY ITS CHAIRMAN

AND CHIEF EXECUTIVE OFFICER.

CENTRAL ADMINISTRATIVE TRIBUNAL

BANGALORE BENCH, BENGALURU

MISCELLENEOUS APPLICATION NO.170/00

ORIGINAL APPLICATION NO.170/0

FRIDAY, DATED THIS THE 9TH DAY OF SEPTEMBER, 2022

HON’BLE MRS. JUSTICE S SUJATHA

HON’BLE MR.RAKESH KUMAR GUPTA

MR. N.C.SINHA

S/O LATE MR J C SINHA,

AGED ABOUT 67 YEARS,

ADDITIONAL GENERAL MANAGER,

CENTRAL RAILWAYS,

RESIDING AT F.202,

ROHAN TARANG,

WAKAD, PUNE -411057.

(BY MRS.VARSHA HITTINAHALLI

1. UNION OF INDIA

REPRESETNED BY ITS CABINET SECRETARY,

CABINET SECRETARIAT,

RASHTRAPATHI BHAVAN,

NEW DELHI-110 004

2. RAILWAY BOARD

RAILWAY BHAVAN, RAISINA ROAD

NEW DELHI-110 001

REPRESENTED BY ITS CHAIRMAN

AND CHIEF EXECUTIVE OFFICER.

MA.501/2021 in OA No.516/2021

ENTRAL ADMINISTRATIVE TRIBUNAL

GALORE BENCH, BENGALURU

APPLICATION NO.170/00501/2021

IN

ORIGINAL APPLICATION NO.170/00516/2021

DAY OF SEPTEMBER, 2022

MRS. JUSTICE S SUJATHA

...MEMBER(J)

HON’BLE MR.RAKESH KUMAR GUPTA

...MEMBER(A)

ADDITIONAL GENERAL MANAGER,

...APPLICANT

MRS.VARSHA HITTINAHALLI, ADVOCATE)

REPRESETNED BY ITS CABINET SECRETARY,

3. SECRETARY

RAILWAY BOARD, RAILWAY BHAVAN,

RAISINA ROAD,

NEW DELHI

4. DEPARTMENT OF PERSONNEL &

TRAINING, GOVERNMENT OF INDIA,

NORTH BLOCK,

NEW DELHI

REPRESENTED BY ITS SECRETARY

5. ESTABLISHMENT OFFICER

GOVERNMENT OF INDIA,

NORTH BLOCK,

NEW DELHI

Miscellaneous Application No.5

Section 21

Section 5 and 14

of delay in filing

2.

are narrated hereunder:

3. SECRETARY,

RAILWAY BOARD, RAILWAY BHAVAN,

RAISINA ROAD,

NEW DELHI-110 001

4. DEPARTMENT OF PERSONNEL &

TRAINING, GOVERNMENT OF INDIA,

NORTH BLOCK,

NEW DELHI-110 001

REPRESENTED BY ITS SECRETARY

5. ESTABLISHMENT OFFICER

GOVERNMENT OF INDIA,

NORTH BLOCK,

NEW DELHI-110 001

(BY MR.N.AMARESH, ADVOCATE

ORDER

Per: Justice S.Sujatha Miscellaneous Application No.501/2021 This application is filed by the o Section 21 of the Administrative Tribunal Section 5 and 14 of the Limitation Act, of delay in filing the original applicat The facts necessary for adjudication are narrated hereunder:

    MA.501/2021 in OA No.516/2021 RAILWAY BOARD, RAILWAY BHAVAN, …RESPONDENTS MR.N.AMARESH, ADVOCATE) R D E R (ORAL) ...........Member(J) 1 by the original applicant under of the Administrative Tribunals Act, 1985 read with Limitation Act, 1963 seeking condonation pplication.
    adjudication of this application 1 under Act, 1985 read with condonation of this application to the applicant second respondent, initiating minor penalty proceedings against him. The response was filed by the applicant on 15.11.2021.
    Accepting th 1.3.2012 exonerated the applicant complet respondent, Railway Board exercising suo sought to reopen the memorandum dated 3.11.2011, by issuing a show cause notice dated 10.9.2013.
    challenged be dismissed challenged by the applicant in W the Hon’ble High Court of Karnataka was filed by the applicant 3.11.2011 which indeed in Writ Petition No.25860/2014.
    Petition an order of censure dated 26.10.2014 was issued to the applicant, setting aside th of censure in the pending Writ Petition No.28540/2014 amendment was A charge sheet/memorandum dated 3.11.2011 was issued to the applicant by the Deputy Secretary second respondent, initiating minor penalty proceedings against him. The response was filed by the applicant on 15.11.2021.
    Accepting the said reply the Disciplinary Authority 1.3.2012 exonerated the applicant complet respondent, Railway Board exercising suo sought to reopen the memorandum dated 3.11.2011, by issuing a show cause notice dated 10.9.2013.
    challenged before this Tribunal in OA.
    be dismissed vide order dated 7.4.2013.
    challenged by the applicant in Writ the Hon’ble High Court of Karnataka was filed by the applicant challenging the memorandum dated 3.11.2011 which indeed was the foundation for the matter pending in Writ Petition No.25860/2014. During the pendency of this Writ Petition an order of censure dated 26.10.2014 was issued to the applicant, setting aside the exoneration and imposing the penalty of censure in the pending Writ Petition No.28540/2014 mendment was sought by the applicant to challenge the order MA.501/2021 in OA No.516/2021 A charge sheet/memorandum dated 3.11.2011 was issued Secretary/E(O)I, Railway Board, the second respondent, initiating minor penalty proceedings against him. The response was filed by the applicant on 15.11.2021.
    ply the Disciplinary Authority by an order dated 1.3.2012 exonerated the applicant completely. However, the 2nd respondent, Railway Board exercising suo-moto revisional powers sought to reopen the memorandum dated 3.11.2011, by issuing a show cause notice dated 10.9.2013. This show cause notice was before this Tribunal in OA.No.980/2013 which came to order dated 7.4.2013. This dismissal order was rit Petition No.25860/2014 before the Hon’ble High Court of Karnataka.Writ Petition No.28540/2014 challenging the memorandum dated was the foundation for the matter pending During the pendency of this Writ Petition an order of censure dated 26.10.2014 was issued to the e exoneration and imposing the penalty of censure in the pending Writ Petition No.28540/2014, sought by the applicant to challenge the order 1 A charge sheet/memorandum dated 3.11.2011 was issued Railway Board, the second respondent, initiating minor penalty proceedings against him. The response was filed by the applicant on 15.11.2021.
    by an order dated nd revisional powers sought to reopen the memorandum dated 3.11.2011, by issuing a was which came to This dismissal order was No.25860/2014 before 0/2014 challenging the memorandum dated was the foundation for the matter pe



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