CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK BENCH, CUTTACK RCOesReArvMe:d on 27.01.2025 Pronounced on 28.01.2025 THE HON’BLE SHRI SUDHI RANJAN MISHRA, MEMBER (J)

THE HON’BLE SHRI PRAMOD KUMAR DAS, MEMBER (A) Garjan Gagaria, aged about 51 years, S/O- Bairagi Gagaria, AT- Santipara, PO- College Square, Dist- Balangir, Presently working as PGT (Economics), Kendriya Vidyalaya, Paradip Port, AT/PO- Paradip, Dist-Jagatsinghpur, Odisha-754142.

……Applicant VERSUS

1. Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Saheed Jeet Singh Marg, New Delhi, 110016.

2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Regional office at Pragati Vihar Colony, Mancheswar, Bhubaneswar, Dist- Khurda, 751017.

3. Principal, Kendriya Vidyalaya, Paradip Port, AT/PO-

Paradip, Dist-Jagatsinghpur, Odisha-754142 .

……Respondents For the applicant : Mr. D.P.Dhalsamant, Counsel For the respondents : Mr. H.K.Tripathy, Counsel O R D E R SUDH I RAN JAN M ISHRA , M EMBER (J):

The facts which are not in dispute are that on 14.02.2012 an advertisement was issued by the KVS inviting application for recruitment to Officers’ cadre and non teaching posts for the year 2011-2012 wherein opportunity to apply and appear at the selection, was also provided to the employees of KVS, fulfilling the conditions made in the advertisement.

1.1 At that relevant time, applicant was working as PGT (Economics) at KV Paradip Port. In pursuance of the advertisement, he had submitted his online application on 22.02.2012. Charge sheet under Rule 14 of CCS (CC&A) Rules, 1965 was issued to the Applicant vide Memorandum dated 15.02/03.2012. On being called, the applicant appeared at the written examination on 22.04.2012 and on being qualified in the written test, he was called to appear at the interview along with the necessary document including NOC on 15.09.2012. He appeared with documents including NOC issued by the Principal, KV, Paradip stating therein that no disciplinary action is pending/contemplated against him.

1.2 Vide Memorandum dated 01.10.2012, the applicant was intimated that he has been selected for appointment against a temporary post of Principal in the KV and, accordingly, he was asked to submit his willingness by 15.10.2012 so as to join the post in question on of before 30.10.2012. He submitted his willingness to accept the offer on 03.10.2012 and also requested the Principal, KV, Paradip to relieve him on 04.10.2012 so as to take up the post of Principal. In letter dated 08.10.2012, it was intimated to him that since disciplinary proceedings was pending against him, a decision on his relieve will be taken later. While the matter stood thus, vide memorandum dated 12.10.2012, the offer of appointment was withdrawn.

1.3 He approached this Tribunal by filing OA No. 801/2012 prayin(ig) intesre attliian ga s unadseidr:e /quashing memorandum dt.

12.10.2012 of Respondent no.1 withdrawing the offer of appointment given to the applicant for the post of principal, Kendriya Vidyalaya;

(ii) quashing the disciplinary proceeding initiated by Memorandum dated 15.3.2012;

(iii) directing the Respondents no.1 to 3 to relieve the applicant forthwith to join the post of principal, Kendriya Vidyalaya, Baripada;

(iv) directing Respondent no.4 to allow the applicant to join the post of principal, Kendriya Vidyalaya, Baripada;

(v) And pass such other order/orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case and in the interest of justice and allow this original application.”

(emphasis added)

1.4 In OA No. 801/2012, the respondents by filing counter contested the matter and the applicant filed rejoinder and after completion of pleadings the matter was heard at length. In course of hearing, Ld. Counsel for the applicant has submitted that he confines the relief under 8(i) and (ii). After hearing, this Bench vide order dated 08.09.2017 refused to interfere in the matter and, accordingly, dismissed the OA. Fact remains that the said order has attained it