BEFORE THE CENTRAL ADMINISTRATIVE TIBUNAL,

PRINCIPAL BENCH AT NEW DELHI.

ORIGINAL APPLICATION NO. _____OF XXXX 

IN THE MATTER OF :-

SMT. XXXXXXXXX                    : PETITIONER/APPLICANT

VERSUS

UNION OF INDIA & ANR.               : RESPONDENTS

INDEX

APPLICANT

Through

Place: New Delhi

Dated:

XXXXXXXXXXX & ASSOCIATES

Through

XXXXXXXXX

Advocate

XX, XXXXXXXX,

New Delhi-XXXXXX

Mob. No. XXXXXXXX

Email: xxxxxxx@yahoo.in

BEFORE THE CENTRAL ADMINISTRATIVE TIBUNAL,

PRINCIPAL BENCH AT NEW DELHI.

ORIGINAL APPLICATION NO. _____OF XXXX.

IN THE MATTER OF :-

SMT. XXXXXXXX                              : APPLICANT

VERSUS

UNION OF INDIA & ANR.                         : RESPONDENTS

MEMO OF PARTIES

SMT. XXXXXXXXXX

Jr. Accountant,

XXXXXXXXX

XXXXXXXXXX

New Delhi-XXXXXX.                                     ….APPLICANT

VERSUS

1.     UNION OF INDIA

XXXXXXXXXX

New Delhi  

2.      XXXXXXXXXXX

XXXXXXXXXX

New Delhi-XXXXXX.

Through its director                              …RESPONDENTS

------------------------------------------------------------------------------------

APPLICANT

Through

Place: New Delhi

Dated:

XXXXXXXXXXX & ASSOCIATES

Through

XXXXXXXXX

Advocate

XX, XXXXXXXX,

New Delhi-XXXXXX

Mob. No. XXXXXXXX

Email: xxxxxxx@yahoo.in

BEFORE THE CENTRAL ADMINISTRATIVE TIBUNAL,

PRINCIPAL BENCH AT NEW DELHI.

ORIGINAL APPLICATION NO. _____OF XXXX.

IN THE MATTER OF :-

SMT. XXXXXXXX

Jr. Accountant,

XXXXXXXXX

XXXXXXXXXX

New Delhi-XXXXXX                                     ….APPLICANT

VERSUS

1.     UNION OF INDIA

XXXXXXXXXX

New Delhi  

2.      XXXXXXXXXXXX

XXXXXXXXXX

New Delhi-XXXXXX.

Through its director                                  …RESPONDENTS

APPLICATION UNDER SCTION 19 OF ADMINSTRATIVE TRIBUNAL ACT, 1985 

MOST RESPECTFULLY SHOWETH:

1.      Order No. XXX/XXX./XXXX/XXX/XX Dated XX.XX.XXXX passed by the XXXXXXXXX (Personnel Division) i.e., respondent no.2 whereby the penalty of reduction to the lower stage in the time-scale of pay by one stage for a period not exceeding three years was imposed upon the Applicant. Copy of the said order dated XX.XX.XXXX is annexed hereto and marked as Annexure A-1. Thereafter, the respondent no.2 also approving the said order dated XX.XX.XXXX vide office order XXX/XXXX dated 19.08.2021 against the applicant.

Order No. XXX/XXXX./XXXX/XXX-Pt./X dated XX.XX.XXXX passed by Vigilance Division of Respondent no.2 dismissing the appeal submitted by the Applicant pursuant to the order dated XX.XX.XXXX passed by the Personnel Division of Respondent no.2. Copy of the order dated XX.XX.XXXX passed by the Vigilance Division of respondent no.2 dismissing the appeal is annexed herewith and marked as Annexure A-3.

2.      Jurisdiction of the Appellate Tribunal:

          That the Parties to the present application reside/ work in Delhi. Both the respondents are located in Delhi. Hence this Hon'ble Tribunal has got the jurisdiction to try and entertain the present application.

3.      Limitation:

That the present application is within the limitation period by virtue of clause (a) of sub-section (2) of Section 21 of The Administrative Tribunal Act, 1985.

4.      Facts of the case:

i.             That respondent No.1 & 2 are State within the meaning of Article 12 of the Constitution of India and thus amenable to the application jurisdiction of this Hon’ble Tribunal.

ii.           That the Petitioner joined XXXXXXX on XX.XX.XXXX as Junior Accountant. The initial posting was given in DDO (Cash) section of the organization but within a month of my posting, the then officer in-charge appointed me as Cashier, XXX and Petitioner handled the responsibility of dealing with entire cash handling its disbursement bank related responsibilities associated with it. The keys of chest wherein the cash/FDR’s/Bank Guarantees & other documents of crucial importance were kept were all handled by petitioner. The Petitioner was officially the First women cashier who handled the charge in XXXXXXXX and all this was done within one month of the applicant joining XXX. The petitioner handled the charges with utmost sincerity and devotion until the time and proceeded on maternity leaves in XXX XXXX. Upon returning from maternity leaves, petitioner was given the posting in integrated Finance Unit of XXX and was assigned the responsibilities of Budget formulation/ Grant-in-aid handling/Distribution of Grants to worldwide XXX Centers and for most of the duties assigned I reported directly to Director (Finance). The Petitioner was the only women employee posted in the Budget & Finance wing of the division. During the  posting in XXX Finance, the petitioner was given two additional responsibilities as mentioned under:

Stationary In-charge of XXX Finance Wing – The Petitioner was assigned the responsibility of Stationary in charge again this was the first time any women employee was given this charge. This shift was done after XX years of charge being handled by the same person posted in the unit & was given with the orders of Executive Finance despite the other senior & similar ranked male officials. This does not need to speak separately about the capabilities/strengths/work handling & other qualities the petitioner had.

Additional charge of the XXXXXX Academy – The Petitioner was given the additional charge of handling the works in XXXXXX Academy in addition to the present responsibilities she was taking care of. This in itself speaks of the qualities & capabilities of the petitioner & the way she handled the assigned responsibilities, however, after the case the petitioner joined back Finance Unit but after issue of charge-sheet she was transferred to XXXXX & after about XX months again transferred from XXXXXX to XXXXX Division. This is done to humiliate the applicant more and more that you have been charge sheeted you cannot survive like a normal human. The case/penalty & all these proceedings have put a question mark on the entire image/reputation/career has been put on stake that too just for not attending office due to the situations always apprised to the reporting officer. No work-related complaints were raised, not any ill-mannered behavior was ever noticed and no lag to perform the assigned responsibilities was ever reported on the part of the applicant. The Annual Performance Appraisal reports of the applicant speak for herself. The mere absence due to the circumstances always briefed in the critical times of COVID-19 were manipulated to harass the applicant to satisfy the egoistic mentality of the suppressing the petitioner. The Petitioner, who has never been involved in any criminal proceedings and always abided by the integrity & responsibility of the duties assigned doesn’t deserve to be treated in this manner destroying the morality of being human & natural justice in light of her entire length of service/career ahead.

iii.          That in the month of March, 2020 Nationwide lockdown was announced due to pandemic of Covid-19 virus and all the Govt. and Private Offices, transports etc. were shut down during this period. Area of the applicant was amongst the most hit areas and remained completely sealed for around a month and even after de-sealing the preventive measures were continued by the authorities in her area. Despite this case was being reported on regular basis and furthermore those days most cases were reported as asymptomatic wherein it becomes difficult to trace the symptoms and sudden deaths was also being reported. Lately being the one in a fault below few days back thus increasing the risk factor for the residents of her area and after being apprised with all the situation to the respondent no.2 and requested to spare her from attending office and allowed her to work from home. Applicant residing with her minor son aged about X years old and mother aged about XX years old and is the sole support for both of them, they depend on applicant for majority of their routine duties, earlier a house help was arranged to look after the child post his coming from school, but in the scenario of Covid-19 they are fully dependent on applicant. In-fact her mother suffered a back injury wherein she remained on bed during that and all sorts of domestic works and activities are prohibited for her and in such a situation if applicant get infected at any stage both of them comes at stake and even the basic survival will be difficult for them. Further, it is also a well-known fact that being most protective age groups both are always found at higher risk than normal masses. Even the government has issued strict guidelines for both the age groups. Further school remained closed in the past, but online classes conducting on daily basis and giving assignments, home-works for which there is no one to support the kid in her absence and all his studies will be missed.

iv.          It is important to mention here that the attendance during the period starting from XX.XX.XXXX up to XX.XX.XXXX was restricted to XX% and for which the divisional heads were directed to draw the roster of duties. But no roster was either framed or communicated to the petitioner at any stage.(Office order No. XXX/XXXX dated XX.XX.XXXX & No. XXX/XXXX dated XX.XX.XXXX enclosed for reference)

v.            That the applicant was requested to attend office on XX.XX.XXXX due to non-availability of any transport facility the applicant was not in a position to attend the office and the same was intimated to the Director (Finance) of respondent no.2 which is also confirmed by him.

vi.          That the applicant was requested on XX.XX.XXXX to attend the office for the next day i.e., XX.XX.XXXX, but the area where applicant resides was notified as Containment Zone by the Authorities on XX.XX.XXXX and the same was also intimated to Director (Finance) of respondent no.2 which can be confirmed vide document of statements of urgent work updated till XX.XX.XXXX. It is also mentioned that no official transport was arranged rather a male official was requested to pick up in his personal vehicle.

vii.        That the applicant was requested to attend the office on XX.XX.XXXX and the applicant didn’t attend as the area was declared as containment zone and as per the orders no movement was allowed in containment zone and the same was also intimated to the Director (Finance) of respondent no.2.

viii.       That the applicant also didn’t attend on XX.XX.XXXX as the area was still under containment zone.

ix.          That the applicant was required to compile the information which she was handling as all the statements of crucial nature which were handled by the applicant were already completed by the applicant prior to proceeding on leaves.

x.           That the main statements that were required urgently were already completed by the applicant in all respects prior to her proceedings on leaves and thereby no further up-dations were made in the statement till date and the same has also been confirmed by the Reporting Officer.

xi.          That the applicant also done from home after XX.XX.XXXX as the necessary support was always provided by the applicant including the identification and forwarding of documents from the backup emails at times and updating the required statements whenever asked to do so.

xii.        That the applicant clearly apprised the reporting officer of the present situation through WhatsApp message dated XX.XX.XXXX and requested to spare the applicant from attending the office and work from home to which he replied “I understand the situation and the condition of yourself. Please take care of yourself. Which clearly indicates his consent and also as per the instructions issued by XXX work from home should be followed as far as possible. It is evident that every time the reporting officer was apprised with the present situation by the applicant he also agreed / permitted to spare the applicant from attending the office. However, it is learned from this memorandum and the enclosures that a completely different picture was presented by the Director (Finance) of respondent no.2.

xiii.      That in response to the email of Director (Finance) of respondent no.2 no communication or orders were issued by the ED (Finance) of respondent no.2 to the applicant. An email was forwarded to personnel division on XX.XX.XXXX by Director (Finance) of respondent no.2 and a doctored picture about the facts was presented.

xiv.       That no written intimation or directions were given by the reporting officer himself being in supervisory role to the applicant and the matter was directly forwarded to personnel division indicates an intentional and planned course of action against the applicant. Wherein it is clearly mentioned in Rule 3(2) (i) that “every government servant holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all government servants for the time being under his control and authority”.

xv.         That the applicant was finding it difficult to manage the domestic work, home and official work simultaneously due to illness of mother and exam of the child an application for grant of XXX for the period XX.XX.XXXX to XX.XX.XXXX was submitted through email dated XX.XX.XXXX.

xvi.       That the email of the applicant for grant of XXX on XX.XX.XXXX is not mentioned in the imputations thus hiding the facts and indicating a proactive and planned response to the applicant on XX.XX.XXXX despite being apprised with the current situations at her home in the application on XX.XX.XXXX.

xvii.     That after the leave application of the applicant an email was received from Director (Finance) of respondent no.2 on the next day i.e., XX.XX.XXXX to resume duties immediately. However, due to current situation at home i.e., mother’s illness and exams of child applicant was not in a position to join the office and the reporting officer was requested to consider grant of CCL on XX.XX.XXXX but keeping in mind the office needs applicant again curtailed the leave from XX.XX.XXXX to XX.XX.XXXX vide email dated XX.XX.XXXX as the child’s exam were scheduled till XX.XX.XXXX.

xviii.    That on next day i.e., XX.XX.XXXX Ms. Seema Gole AD (Pers.) forwarded the letter issued by personnel division dated XX.XX.XXXX through WhatsApp to report for duties and reasons for not attending the office from XX.XX.XXXX to till date. The latter was issued by personnel division on XX.XX.XXXX however the same was forwarded to the applicant on XX.XX.XXXX. However, a copy of the same was endorsed to the reporting officer well in advance.

xix.       That on receipt of letter from personnel division the applicant was in a state of question and attempted to seek the advice/ guidance of the reporting officer as he was always apprised with the situations from time to time by the applicant prior to submitting any reply / response on this to personnel division. The silence of the officer marked the intentional aggravation of the matter thus initiating things to reach the desired level of pressure on the applicant.

xx.        That the reporting officer failed to empathize with his employee which is clearly arbitrary and unjustified. The matter was aggravated intentionally.

xxi.       In response to letter issued by personnel division dated XX.XX.XXXX received by applicant to on XX.XX.XXXX the hardships faced by the applicant and reasons for not attending the office were intimated to personnel division vide email dated XX.XX.XXXX. Since, the decision on request for grant of CCL was pending at the level of Competent Authority the same was also brought to the notice of personnel division in the email dated XX.XX.XXXX copy of which was also endorsed to ED (Finance) and Director (Finance) of respondent no.2. It was also mentioned in the email that the applicant will join duties on the basis of decision conveyed on leave application or as directed by the competent authority.

xxii.     That no direction was received either from the reporting officer or personnel division to join giving an impression that the request of the applicant was considered. A copy of letter was forwarded by AD (Pers.) through WhatsApp on XX.XX.XXXX requesting DDO to stop monthly salary of the applicant.

xxiii.   That the applicant appraised the current situation to Director (Pers.) telephonically on the very same day i.e., XX.XX.XXXX and he directed the applicant to brief the current situation which was done through email dated XX.XX.XXXX. Even after that no direction was received either from the reporting officer or the personnel division to join.

xxiv.    That the applicant never tried availing the leaves without approval of the competent authority and requested the consideration of leaves on humanitarian grounds and as a special case considering the sudden turn of things at her home and the same was clearly specified in the email on XX.XX.XXXX.

xxv.     That the applicant requested the leaves in light of power of competent authority to relax the provisions of the rules in individual as it may appear to be just and equitable. The applicant however never claimed the leaves as a matter of right and landed the final decision always in the hands of the competent authority as has been clearly stated in the email on XX.XX.XXXX.

xxvi.    That no directions of the competent authority neither from the reporting officer not from personnel division was received by the applicant to join. The applicant after the child’s exam and expiry of CCL applied through email joined the office on XX.XX.XXXX (XX.XX.XXXX and XX.XX.XXXX) being Saturday and Sunday.

xxvii.  That the matter was pending for consideration at personnel division and no directions were received on the matter. Further CCL for the period XX.XX.XXXX to XX.XX.XXXX has already been given through email.

xxviii.From the above facts, it is evident that the applicant couldn’t attend office from XX.XX.XXXX to XX.XX.XXXX due to nationwide lockdown and the fact that the area where applicant resides was declared as containment zone from XX.XX.XXXX to XX.XX.XXXX (the actual sealing was opened on XX.XX.XXXX) and the reporting officer was also apprised with the situation. The reasons for not attending the office for the period mentioned above were beyond the control of applicant and the reporting officer was also apprised with the facts and the applicant has also worked form home as also confirmed by the Director (Finance) of respondent no.2 the charge of insubordination, indiscipline and authorized absence cannot be imposed.

xxix.    That for the period beyond that till XX.XX.XXXX the response of Director (Finance) of respondent no.2 to spare the applicant to attend the office was always in affirmation which can be confirmed from the WhatsApp conversation between the applicant and Director (Finance) of respondent no.2.

xxx.     That for the period XX.XX.XXXX to XX.XX.XXXX application of grant of CCL was already submitted and the decision on which was never communicated to the applicant. In the email dated XX.XX.XXXX, XX.XX.XXXX and XX.XX.XXXX the applicant has sought the directions of the Competent Authority repeatedly which were not communicated to the applicant. Hence, imputation of indiscipline, insubordination or unauthorized absence are deceitful.

xxxi.    That the reporting officer knowing the situation and plea of the applicant for grant of CCL upto XX.XX.XXXX only presented the picture to ED (Finance) without a mention of the same in his remarks just a day prior to her end of requested period of leave marks an intentional move by the reporting officer to harass and defame the applicant in the eyes of the superiors.

xxxii.  From the above facts such as giving affirmative response to the applicant by the Director (Finance) of respondent no.2 on WhatsApp every time to work from home, non-preparation of any roster till XX.XX.XXXX despite constant guidelines issued for assigning duties as per roster depending on the exigency of work and requirement of physical presence of the employee, misrepresentation of the case to ED (Finance) and personnel division by Director (Finance) of respondent no.2 issue of personnel’s letter dated XX.XX.XXXX, on XX.XX.XXXX after the application of CCL by applicant, non-issuance of any direction to join even after the email dated XX.XX.XXXX which clearly states that the applicant will join as per the directions of the Competent Authority, presentation of half facts to the superior just a day prior to certain joining of the applicant it is quite evident that the applicant is being framed of the charges and is being harassed unnecessarily.

xxxiii.  The charges of violation of Rule 3(1)(ii), i.e., maintain deviation to duty is also imposed. As per DoPT’s letter no. XXXXXX (X) dated 21.02.1986 a government servant who habitually fails to perform the task assigned to him within the time set for the purpose and with the quality of performance expected to him shall be deemed to be lacking in devotion to duty within the meaning the cause (ii) of sub-rule (1). None of the statement of imputation proves the charges of violation of Rule 3(1)(ii) of CCS Conduct Rules, 1964 which also corroborates the point that the applicant is being framed incorrectly, hence same is liable to be quashed / set aside.

xxxiv. It is submitted that human resource is perhaps the most valuable asset of any organization and the aim of human resource department is to understand the needs of the employees and encourage them to work better towards the achievement of organizational goals instead of framing incorrect charges against them and demotivating employees. The stoppage of salary in this critical time since past two months has made the applicant believe the well pronounced thought that it is tyranny of petty minded when laws are implemented bereft of human compensation.

xxxv.  That the charges have been framed against the applicant by the charged officer on XX.XX.XXXX that the applicant was on long unauthorized absence and not joined office from XX.XX.XXXX to XX.XX.XXXX even after clear and repeated instructions from her reporting officer which amounts to insubordination, indiscipline and authorized absence and by this act the applicant has violated Rule 3(1)(i),(ii) & (iii) of CCS (Conduct) Rules, 1964 which was not justifiable, unreasonable, arbitrary and without application of mind.

xxxvi. That the disciplinary authority cannot dispense with the departmental inquiry arbitrarily or out of ulterior motive avoid holding of inquiry. The order of impose penalty is arbitrary and in violation of principles of natural justice. The disciplinary authority is obliged to comply with the provisions in its true spirit. It is not a mere formality but substantive right and protection that has been given to a government servant against such an action. The power to take administrative action is a wide power with serious consequences. Hence, greater is the obligation upon the authorities to act with responsibility and upon due application of mind.

xxxvii. That feeling  aggrieved by  the acts and omissions of respondent no. 2  for not giving  any relief to the Applicant either in terms of the service, the Applicant  is  preferring the present application inter-alia on the following grounds: 

5.      GROUNDS                     

a.           For that imposition of penalty by respondent no.2, is unjust, arbitrary and is violative of principles of natural justice.

b.           For that the Applicant is entitled to all benefits and the statutory benefits at least for the period for which the Applicant served the Government.

c.            For that the applicant couldn’t attend office from XX.XX.XXXX to XX.XX.XXXX due to nationwide lockdown and the fact that the area where applicant resides was declared as containment zone from XX.XX.XXXX to XX.XX.XXXX (the actual sealing was opened on XX.XX.XXXX) and the reporting officer was also apprised with the situation. The reasons for not attending the office for the period mentioned above were beyond the control of applicant and the reporting officer was also apprised with the facts and the applicant has also worked form home as also confirmed by the Director (Finance) of respondent no.2 the charge of insubordination, indiscipline and authorized absence cannot be imposed.

d.           For that for the period beyond that till XX.XX.XXXX the response of Director (Finance) of respondent no.2 to spare the applicant to attend the office was always in affirmation which can be confirmed from the WhatsApp conversation between the applicant and Director (Finance) of respondent no.2.

e.            For that for the period XX.XX.XXXX to XX.XX.XXXX application of grant of CCL was already submitted and the decision on which was never communicated to the applicant. In the email dated XX.XX.XXXX, XX.XX.XXXX and XX.XX.XXXX the applicant has sought the directions of the Competent Authority repeatedly which were not communicated to the applicant. Hence, imputation of indiscipline, insubordination or unauthorized absence are deceitful.

f.             For that the reporting officer knowing the situation and plea of the applicant for grant of CCL upto XX.XX.XXXX only presented the picture to ED (Finance) without a mention of the same in his remarks just a day prior to her end of requested period of leave marks an intentional move by the reporting officer to harass and defame the applicant in the eyes of the superiors.

g.            For that such as giving affirmative response to the applicant by the Director (Finance) of respondent no.2 on WhatsApp every time to work from home, non-preparation of any roster till XX.XX.XXXX despite constant guidelines issued for assigning duties as per roster depending on the exigency of work and requirement of physical presence of the employee, misrepresentation of the case to ED (Finance) and personnel division by Director (Finance) of respondent no.2 issue of personnel’s letter dated XX.XX.XXXX, on XX.XX.XXXX after the application of CCL by applicant, non-issuance of any direction to join even after the email dated XX.XX.XXXX which clearly states that the applicant will join as per the directions of the Competent Authority, presentation of half facts to the superior just a day prior to certain joining of the applicant it is quite evident that the applicant is being framed of the charges and is being harassed unnecessarily.

h.           For that the charges of violation of Rule 3(1)(ii), i.e., maintain deviation to duty is also imposed. As per DoPT’s letter no. XXXXXXX (X) dated XX.XX.XXXX a government servant who habitually fails to perform the task assigned to him within the time set for the purpose and with the quality of performance expected to him shall be deemed to be lacking in devotion to duty within the meaning the cause (ii) of sub-rule (1). None of the statement of imputation proves the charges of violation of Rule 3(1)(ii) of CCS Conduct Rules, 1964 which also corroborates the point that the applicant is being framed incorrectly, hence same is liable to be quashed / set aside.

i.             For that human resource is perhaps the most valuable asset of any organization and the aim of human resource department is to understand the needs of the employees and encourage them to work better towards the achievement of organizational goals instead of framing incorrect charges against them and demotivating employees. The stoppage of salary in this critical time since past two months has made the applicant believe the well pronounced thought that it is tyranny of petty minded when laws are implemented bereft of human compensation.

j.             For that the charges have been framed against the applicant by the charged officer on XX.XX.XXXX that the applicant was on long unauthorized absence and not joined office from XX.XX.XXXX to XX.XX.XXXX even after clear and repeated instructions from her reporting officer which amounts to insubordination, indiscipline and authorized absence and by this act the applicant has violated Rule 3(1)(i),(ii) & (iii) of CCS (Conduct) Rules, 1964 which was not justifiable, unreasonable, arbitrary and without application of mind.

k.           For that the disciplinary authority cannot dispense with the departmental inquiry arbitrarily or out of ulterior motive avoid holding of inquiry. The order of impose penalty is arbitrary and in violation of principles of natural justice. The disciplinary authority is obliged to comply with the provisions in its true spirit. It is not a mere formality but substantive right and protection that has been given to a government servant against such an action. The power to take administrative action is a wide power with serious consequences. Hence, greater is the obligation upon the authorities to act with responsibility and upon due application of mind.

l.             For that dispensation to hold an inquiry can only be made in a suitable case and can be exercised only in the special facts of the case when such dispensation becomes absolutely necessary because such dispensation takes away the right of defence of the government servant.  

m.         For that the act of the disciplinary authority in dispensation of inquiry does not show application of mind. The recording of satisfaction upon proper application of mind should not only be seems to have been arrived at but records must depict the same. 

n.           For that the respondent no.2 never took up the case of the Applicant diligently in-spite of the representations, which the Applicant  made to them on  regular  basis  for  redressal of his grievances,  which   ought to have been done.

o.           For that the respondent no.2 has failed to adhere to the prescribed norms  and the principles of natural justice as the Applicant has been imposed penalty without  giving  her an  opportunity  to defend  or  explain  the alleged  charges  by the respondent no.2.

6.      Details of the remedies exhausted:

          As per the facts of the case, the Applicant declares that he has availed of all the remedies available to him under the relevant service rules etc. and there is no other alternate efficacious remedy available to the applicant other than filing the present application.

7.      Matters not previously filed or pending with any other Court:

That the Applicant further declares that no other application, writ petition or suit regarding the matter in respect of which this application has been made is pending before any court or any other authority or any other Bench of the Tribunal.

8.      RELIEF

In view of the facts mentioned above, the applicant prays for the following relief(s).

a)       Set aside/quash the Order No. XXX/XXXX./XXXX/XXXX/XXX Dated XX.XX.XXXX passed by the XXXXXXXXXX (Personnel Division) respondent no.2 whereby the penalty was imposed;

b)      Issue order or direction directing the respondent No.2 to pay ……….;

c)       Pass any other or further order/orders as this Hon'ble Tribunal may deem just and proper in the facts and circumstances of the case.      

9.      Interim order, if any prayed for:

Pending final decision on the application, the applicant seeks the following interim relief;

a)       Stay the penalty of reduction to the lower stage in the time-scale of pay by one stage for a period not exceeding three years was imposed upon the Applicant vide Order No. XXX/XXXX./XXXX/XXXX/XXX Dated XX.XX.XXXX passed by the respondent no.2;

10.    Particulars of Bank Draft / Postal Order filed in respect of The Application Fee:

i.        Name of the bank on which drawn:

ii.       Demand draft no:

          or

i.        Number of Indian postal order(s):

ii.       Name of the issuing Post Office:

iii.      Date of issue of postal order(s):

iv.      Post Office at which payable.1

11.    LIST OF ENCLOSURES:

        As per Index.

VERIFICATION:-

I, XXXXXXX, aged about XX years, working as Junior Accountant, of XXXXXXXXX, XXXXXXXXX, New Delhi, R/o Flat No. X, XXXXXXX, Delhi-XX, do hereby verify that the contents of Paras           are true to my personal knowledge and paras and believed to be true on legal advice and that I have not suppressed any material fact.

APPLICANT/PETITIONER

Through

Place: New Delhi

Dated:

XXXXXXXXXXX & ASSOCIATES

Through

XXXXXXXXX

Advocate

XX, XXXXXXXX,

New Delhi-XXXXXX

Mob. No. XXXXXXXX

Email: xxxxxxx@yahoo.in

BEFORE THE CENTRAL ADMINISTRATIVE TIBUNAL,

PRINCIPAL BENCH AT NEW DELHI.

ORIGINAL APPLICATION NO. _____OF XXXX.

IN THE MATTER OF :-

SMT. XXXXXXXX                              : APPLICANT

VERSUS

UNION OF INDIA & ANR.                         : RESPONDENTS

AFFIDAVIT

I, XXXXXXX, Junior Accountant, aged about ___ years, XXXXXXXX, XXXXXXXXXXXX, New Delhi-XXXXXX, do hereby solemnly affirm and declare as under:

1.      That I am the Applicant in the above noted case. I am well conversant with the facts and circumstances of the case and am, therefore, competent to swear this Affidavit.

2.      That the facts stated in the accompanying original application under section 19 of The Administrative Tribunal Act, 1985 are drafted under my instructions. I have read and understood the contents of the accompanying original application the same also have been read over and explained to me in vernacular and based on the said reading and explanation I say that its contents are true and correct to the best of my knowledge and nothing material has been concealed therein. The same may be read as part and parcel of this affidavit, which are not repeated here for the sake of brevity.

DEPONENT

VERIFICATION:-

Verified at New Delhi on this the ___ day of XXX, XXXX that the contents of the above affidavit are true and correct to the best of my knowledge; no part thereof is false; and nothing material has been concealed there from.

DEPONENT