Cancellation orders must contain reasons; cannot be justified by later affidavits. Non-speaking orders invalid.

ORDER

By Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial):

Heard Shri Kaushlesh Pratap Singh, learned counsel for the applicant and Shri Saurabh, learned counsel for the respondents at the time of hearing of the case.

2. The instant Original Application under Section 19 of the Central Administrative Tribunal Act, 1985 has been filed for the following reliefs:-

i. To issue order/direction to quash the order dated 30.07.2019 issued by the Railway Board

ii. To issue a direction to the respondents to implement the promotion order of the applicant in Selection Grade under Dynamic Assured Career Progression Scheme (DACP) as per Letter NO.E(O)III-2018/PM/05 dated 14.11.2018 with effect from 25.05.2018 with all consequential benefits.

iii. To issue any order or direction, which this Hon’ble Tribunal may deem fit and proper under the circumstances of the case.

iv. To award cost to the applicant.

3. The facts leading to this Original Application as apparent from the record that the applicant was appointed vide order dated 06.05.2005 as Assistant Divisional Medical Officer (hereinafter referred as ‘ADMO’) and posted in the office of General Manager, Eastern Railway, Kolkata in the pay-scale of Rs.8000-13500/- +Grade Pay of Rs.5400/-. He joined on 25.05.2005 in the said office. Thereafter, he was promoted to the post of Divisional Medical officer on 25.05.2009 and posted at Indian Railway Cancer Institute, Varanasi in the pay- scale of Rs.15,600-39100+ Grade Pay of Rs.6600/- and further to the post of Senior Divisional Medical Officer on 25.05.2014 in the pay-scale of Rs.15600-39100+7600/-(Grade Pay).

4. It is further the case of the applicant as averred in original application that on 18.09.2017, a Memorandum of Understanding was signed between Tata Memorial Centre (hereinafter referred as ‘TMC’) on behalf of Department of Atomic Energy and North Eastern Railway, Indian Railways, wherein it has been mentioned that after initial assessment jointly with Department of Atomic Energy(TMC) teams to transfer few of the existing staff as selected by Department of Energy (TMC) and offer them the suitable position on the rolls and terms and conditions of TMC on a permanent absorption, remaining manpower be re-developed by the Indian Railways.

5. In view thereof, the offer of appointment to the post of Assistant Radiation Oncologist ‘E’ was issued in favour of the applicant on 23.11.2017 by the TMC in the pay matrix of Level-12 with pay protection. Accordingly, the applicant moved an application on 30.11.2017 for his technical resignation to the Secretary, Railway Board, New Delhi with a request to relieve him for joining of new assignment. The said technical resignation of the applicant was forwarded along with one Sudhendu Shekhar to Secretary Establishment, Railway Board, New Delhi vide letter dated 10.01.2018. The said Sudhendhu Shekhar was relieved by the Medical Director, Cancer Research Institute, N.E. Railway, Varanasi vide letter dated 21.03.2018, ignoring the applicant’s application as the said Dr. Sudhendu Shekhar is three year junior to the applicant in JA grade.

6. Thereafter, the applicant was suffered from backache since 15.04.2018 and was under treatment and after declared medically fit, he joined the duties on 28.05.2018 and on that date, the applicant was informed that his application for technical resignation has been accepted by the Railway Board w.e.f. 28.03.2018 vide order dated 23.04.2018, so the applicant was spared on 29.05.2018 in compliance of the above order. However