NAVODAYA VIDALAYA CAT Chandigarh Case

Post is about NAVODAYA VIDALAYA CAT Chandigarh Case wherein transfer was under challenged & applicant under suspension.

NAVODAYA VIDALAYA 24.7.2020 TRANSFER CASE

RAJENDRA KUMAR v. UNION OF INDIA & ORS.

APPLICANT:

Rajendra Kumar TGT Math, age 42 years, JNV Bai Nuh, Haryana, R/o H-327, Govind Puram, Ghaziabad (U.P.)

RESPONDENT:

Union of India through Secretary to Govt. of India, Ministry of Human Resource Development, Department of School Education and Literacy, Government of India, 124-C, Shastri Bhawan, New Delhi-110001.
The Commissioner, Navodaya Vidyalaya Samiti Headquarters, B-15, Institutional Area, Sector-62, Noida, U.P.-201307.
The Deputy Commissioner (Sh. B.L. Morodia) NVS RO, Jaipur, 18, Sangram Colony, Mahaveer Marg, C-Scheme, Jaipur, Rajasthan-302004.
The Principal, Jawahar Navodaya Vidyalaya, Mahiyanwali, District Sri Ganganagar, Rajasthan-335002.
The Principal (Sh. Suresh Chandra), Jawahar Navodaya Vidyalaya, Bai, District Nuh, Haryana-122107.

CORUM:

Hon’ble Mr. Sanjeev Kaushik, Member (J).

Hon’ble Mrs. Ajanta Dayalan, Member (A).

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FACTS:

The present O.A. was filed against the order dated 24.02.2020, 26.05.2020 and 22.06.2020, relating to placing the applicant under suspension and shifting headquarters from Nuh (Haryana) to Sriganganagar (Rajasthan). It was further pleaded to the respondents to allow the applicant to continue at JNV, Nuh, Haryana.

ARGUMENT BY THE COUNSEL FOR THE APPLICANT:

Before approaching this tribunal, the applicant had submitted representation for the cancellation of orders on medical grounds, which remains unanswered by the respondent. The counsel pleads before the court that the applicant will be satisfied if a direction is issued by the respondent regarding the pending application in accordance with law by considering the grounds given by the applicant to allow him to continue at JNV, Nuh, Haryana.

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RATIO OF THE COURT:

The court proposed to dispose of the present O.A. in limine, and directed the competent authority of the respondent to consider and decide the pending representation by passing a reasoned and speaking order in accordance with law within a period of four weeks from the date of receipt of a copy of the order and order so passed be duly communicated to the applicant.

CASE SUMMARY:

The present original application, which was filed before the Central Administrative Tribunal, Chandigarh bench, was issued against the order related to placing the applicant under suspension and shifting the headquarters from Nuh (Haryana) to Sriganganagar (Rajasthan). It was prayed that the respondent authorities allow the applicant to continue in JNV, Nuh, Haryana. Before approaching the tribunal, the applicant had submitted an application to dismiss the orders on medical grounds, which is yet to be answered by the respondent. The learned counsel of the applicant further pleaded the competent authorities of the respondent to decide on the pending representation accordingly with the law on the grounds stated by the applicant and allow him to continue at JNV, Nuh, Haryana. The court after hearing the prayer of the applicant, issued an order directing the court to dispose of the present original application in limine, and directed the competent authority to address and decide the pending representation and pass on a reasoned and speaking order within a period of 4 weeks from the date of receipt of copy of the order and the order is to be communicated to the applicant duly.

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