Bom OA No 105/2013

Bom OA No 105/2013

CENTRAL ADMINISTRATIVE TRIBUNAL,

BOMBAY BENCH, MUMBAI.

ORIGINAL APPLICATION NO.105 OF 2013

Dated of Decision:13.02.2013

CORAM: HON'BLE SMT. LEENA MEHENDALE, MEMBER(A).

HON'BLE SMT. CHAMELI MAJUMDAR, MEMBER(J)

Shri Nilesh Vilas Sondkar,

R/at Survey No.191,

Nagpur Chawal, Behind Yerwada

Post Office, Majid Galli,

Yerwada Post Office,

Majid Galli, Yerwada,

Pune 411 006.   ...   Applicant

(By Advocate Shri P.J. Prasadrao)

VERSUS

1. Union of India,

through the Secretary,

Ministry of Defence, South Block, 

New Delhi 110 011.

2. The Engineer-in-Chief,

E-in-C Branch, Integrated 

Headquarters of Ministry of Defence

(Army) DHQ PO New Delhi 110 011.

3. The Commandant,

Bombay Engineer Group & Centre,

Khadki, Pune 411 003.  ...  Respondents

O R D E R (ORAL)

Per: Smt. Leena Mehendale, Member(A)

When this Original Application came for admission, we have gone in detail through Annexure A-2 & A-1 and also all the documents submitted by the applicant.  The reason for show-cause notice at Annexure A-2 dated 15.11.2012 is that the Institute from where the applicant claims to have received training as Book Binder seems to be non-existent.  Hence the respondents have concluded that this certificate of training can also not be relied upon and have given him a due and proper show-cause notice followed by a notice of termination which was received by him on 15.01.2013 and the applicant has approached this Tribunal on 08.02.2013. Before that some  documents posted by respondent department to the Institute were returned with the remarks of the Postal Authority that the “said Institute is not at Ashvi Khurd hence returned”. Similarly, the remarks of Superintendent of Police as mentioned in the show-cause notice are very pertinent to give rise to a strong suspicion that the Institute does not exist. However, there is not a single document produced which might convince us to the possibility that the said Institute exists.

2. Under these circumstances, the Original Application is dismissed.  Liberty is granted to the applicant to file a fresh Original Application in case he is in a position to strengthen his case by producing the necessary documents.  No costs.

(Smt. Chameli Majumdar)    (Smt. Leena Mehendale)

    Member(J)               Member(A) 

dm.