Original Application Nos. 620, 622, 626 and 728 of 2013. Case: Parmanand Kesari Vs Union of India. Central Administrative Tribunal

Case NumberOriginal Application Nos. 620, 622, 626 and 728 of 2013
CounselFor Appellant: Sameer Om, S.K. Om, Avnish Tripathi and Rakesh Dixit and For Respondents: Shikha Dixit
JudgesShashi Prakash, Member (A) and Dr. Murtaza Ali, Member (J)
IssueService Law
Judgement DateJuly 07, 2014
CourtCentral Administrative Tribunal


Shashi Prakash, Member (A), (Allahabad Bench)

1. The applicants have filed the instant original applications being aggrieved by the show cause notice dated 01.04.2013 on the ground that the show cause notice is vague as it does not disclose about nature of malpractice alleged to have been adopted by them. It is contended that the applicants appeared in Food Corporation of India Exam 2012 conducted by the Staff Selection Commission in which they were declared successful and recommended for appointment on the post of AG-II (Technical) in West Zone. In the meanwhile the respondent No. 2 has issued show cause notice dated 01.04.2012. The applicants have denied the charge leveled against them. It is stated in their reply that in the show cause notice, neither reasons have been assigned based upon which the respondents have formed the opinion regarding adoption of malpractice by the applicants nor any documentary evidence has been disclosed. Therefore, in the absence any disclosure, the action of the respondents is stated to have been illegal, arbitrary and violative of principle of natural justice.

2. It will not be out of place to mention that similar controversy has already been put to rest by the this Bench in O.A. No. 231/13 alongwith connected O.A. Sunil Kumar Vs. U.O.I & Ors vide order dated 06.05.2014. Hence it is felt that as the subject matter of this O.A. and O.A. No. 231/13 are one and the same and the relief/s sought by the applicants are similar, merely having different dates would not in any way disturb the ultimate direction to be given by this Tribunal in the light of observation made in order dated 06.05.2014.

3. The original application no. 231/13 was allowed based upon the observation of the Tribunal in para 14 of the order dated 06.05.2014, which is reproduced:-

14. A perusal of the facts and proceedings in the O.A. is clearly suggestive of the fact that the memorandum dated 16.04.2012 issued by the...

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