CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH
Order Sheet
Item No: 2
O.A./1556/2017
[ ADJUST IN SAME POST ]
Court No.: 2 		No of Adjournment:
Dated: 03/01/2018

DR MAYANK JAYANT
Vs
GOVT. MEDICAL COLLEGE, CHANDIGARH

FOR APPLICANTS(S) Advocate :
Sh. D.R. Sharma, counsel for the applicant.

FOR RESPONDENT(S) Advocate :


DAILY ORDER

  1.  Heard Sh. Sharma who, inter-alia, contends that the impugned action of the respondents based upon a representation submitted by Dr. Ashwani K.Dalal for holding Departmental Promotion Committee meeting for appointment to the post of Associate Professor  is illegal, arbitrary and liable to be invalidated.   He argued that the applicant came to be appointed to the post of Associate Professor( General Surgery) pursuant to a selection made by the UPSC and in pursuance of the said selection, he joined the said post on 7.3.2014 and continued as such.  Unfortunately, the applicant met with an accident  and as per opinion given by the Medical Board, the applicant suffered 70% disability at the first instance and the second Medical Board had given its opinion that the applicant is improving and had opined that he is having 30% temporary disability.  But without giving any weightage to the  opinion of the Medical Board, the respondents have acted in a malafide manner by acting upon the representation made by Dr. Ashwani K.Dalal who  remained unsuccessful when the applicant was selected to the post of Associate Professor (General Surgery). He further stated that  the applicant was posted as Joint Medical Superintendent-cum-Associate Professor ( Department of Hospital Administration ) and  the  respondents wanted to adjust Dr. Dalal on the post of Associate  Professor ( General Surgery), which the applicant is substantially holding.  Thus, he prayed the impugned action of the respondents be invalidated. 
  2.  Issue notice to the respondents.
  3. At this stage, Sh. Arvind Moudgil, who is present in the Court accepts notice on behalf of respondents No.1 to 3, Sh. B.B. Sharma, accepts notice on behalf of respondent No.4.  Let notice be issued to respondent No.5 through respondent No.3 for the next date of hearing.
  4. Sh. D.R. Sharma fairly submitted that though respondents have not fixed any date for holding DPC meeting but they have requested UPSC to hold DPC.
  5. In view of the above, respondents are granted time till 11.01.2018 to file reply.
  6. List on 12.01.2018.
  7. Meanwhile, if respondents are going to hold DPC meeting then they are advised to postpone the same beyond the next date of hearing.
  8. Dasti.

 





Sanjeev Kaushik
Member (J)