The Lt. Governor And Others v. Kunji Mohammed

29.06.2021 SL No.1 Court No.16 (gc) (Circuit Bench at Port Blair) (Via Video Conference) WPCT 169 of 2021 The Hon'ble Lieutenant Governor, A & N Islands & Ors. Vs.

Shri Kunji Mohammed Mr. Krishna Rao, Ld. G.P., ...for the Petitioners.

Mr. Rakesh Pal Gobind ...for the Respondent.

Mr. Krishna Rao, learned Government Pleader representing the writ petitioners has submitted that although necessary and relevant record pertaining to the issue has been placed before the learned Central Administrative Tribunal, the learned Tribunal is not disposing of the main matter and issuing directions without applying its mind to the relevancy of the documents and clarifications already submitted.

The writ petitioner is aggrieved by the order dated 5th April, 2021 by which the present petitioners were directed to clarify with proper evidence as to who is the Appellate Authority in regard to the present applicant. The learned Counsel representing the private respondent submits that the confusion arose in view of the communication dated 9th November, 2018 where the Director General of Police, A & N Police Department was directed to examine and reply to the appeal prepared by the

Private Respondent before the Secretary to the Hon'ble Lieutenant Governor for hearing and disposal of appeal under intimation to the department. It is quite clear and plain from the reading of the said letter that the Appellate Authority is the Hon'ble Lieutenant Governor and the comments are to be sent by the department to the Secretary of the Hon'ble Lieutenant Governor to be considered by the Hon'ble Lieutenant Governor in accordance with law. Mr. Rao has also submitted that there cannot be any doubt that the Appellate Authority in the instant case would be the Hon'ble Lieutenant Governor and not the Secretary attached to the Office of the Hon'ble Lieutenant Governor. This is also our understanding from a bare reading of the letter dated 9th November, 2018.

In view of the aforesaid, there may not be any necessity to drag this issue any further. We clarify that the Appellate Authority in relation to the petitioners would be the Hon'ble Lieutenant Governor. Mr. Rao has expressed an anxiety that in the event the original application is not disposed of within a short time, there may be difficulty in proceeding with the original application as the private respondent is going to retire from service in October, 2021. It is further submitted that the learned Tribunal is hearing matters on Monday and Friday every week on a virtual platform. In view thereof, we request the learned Central Administrative Tribunal to dispose of O.A.

No.351/1350/2019 on the virtual platform if the Circuit

Bench is not functional within a period of eight weeks from the date of communication of this order by either of the parties. The learned Tribunal shall not adjourn the matter unless there are unavoidable reasons. The interim order passed by the Ld. CAT is not disturbed. We make it clear that we have not gone into the merits of the matter. With the aforesaid observation, the writ petition being WPCT 169 of 2021 stands disposed of.

However, there shall be no order as to costs. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.) (Soumen Sen, J.)