Central Administrative Tribunal - PatnaSidheshwar Prasad Singh vs All India Radio on 13 October, 20221\n\n\n\n\n                     CENTRAL ADMINISTRATIVE TRIBUNAL\n                        PATNA BENCH, PATNA\n\n                 O.A. No. 050/000789/2019\n                                   9/2019 with MA 65\n                                                  653/2022\n\n                                                      Date of Order: 13.10.2022\n                                  CORAM\n                HON'BLE MR M.C. VERMA\n                                VERMA, MEMBER [J]\n                SHRI SUNIL KUMAR SINHA, MEMBER [A]\n\n\n1.   Sidheshwar Prasad Singh, aged about 68 years (Male), Son of Late\n     Devkinandan Singh, Resident of Village\n                                      Village- Jakhara, Police Station--\n     Hayaghat, District-\n               District Darbhanga.\n                                                    .......... Applicant.\nBy Advocate :-\n            : Shri Kaushal Kumar\n\n                                    -Versus-\n1.      The Union of India through the Director General Prasar Bharti (all India\n        Radio) Akashwani Bhawan, Parliament Street, New Delhi\n                                                          Delhi-110001.\n\n2.      The Director, Engineering, Prasar Bharti (all India Radio) Fraser Road,\n        Patna\n        Patna--800001.\n\n3.      Assistant Director, Prasad Bharti\n                                   Bharti (all India Radio), Darbhanga\n                                                             Darbhanga-846004.\n\n                                                         ......... Respondents.\nBy Advocate :-\n            : Shri H.P. Singh\n\n                             O R D E R (O R A L)M.C. Verma, M[J]1. MA 653/202265 /2022 preferred by the applicant for amendment in the O.A. The\n\n        pleadings made in the MA reveals that during pendency of this O.A,\n\n        Presidential Order dated 10th May 2022 whereby penalty of withholding\n\n        of hundred percent (100%) of monthly pension otherwise admissible to\n\n        the CO "on permanent basis" and withholding of 100% of gratuity\n\n        admissible to the CO permanently" has been imposed.2. Vide foresaid amendment application (MA No. 652/2022) applicant\n\n        wants to insert one additional prayer by adding Paragraph 8 (III) to set\n\n        aside the order dated 10.05.2022. Heard. Mr. Kaushal Kumar, Advocate2pressed the MA for amendment and Mr. H.P. Singh ld counsel for\n\n   respondents submits that MA for amendment is not maintainable.3. Pleadings in the O.A. reveals that\n                                 that the applicant was convicted by the\n\n   learned Special Judge, CBI-III,\n                          CBI III, A.H.D Patna in R.C. No. 28(A)/1995\n\n   and CIS No. 3503/2014 for the offence U/S 120 )B), 420, 467, 468 and\n\n   471 of theIndian Penal Coderead withSection 13(2),13(1)(d)of the\n\n   P.C. Act. That during pendency of aforesaid CBI case applicant has\n\n   superannuate\n   superannuated    on 31.08.2011 and aafter\n                                        fter retirement he was allowed\n\n   Provisional Pension and was paid GPF amount\n                                        amount.. Applicant has pleaded\n\n   in OA that suddenly, Provisional Pension was stopped w.e.f. January\n\n   2019. The pleading in OA also reveals that applicant was convicted in\n\n   aforesaid CBI case on 19.11.2018 and against the order of conviction\n\n   and sentence he has preferred appeal on the file of Hon'ble High Court.4. The prayer made in the O.A speaks :-- "(i) The applicant humbly prays\n\n   that the opposite parties may be directed to pay his entire amount of\n\n   retiral benefits in terms of recommendation made by the VIIth Pay\n\n   Commission, with the interest of @ 10% per annum and (ii) Any other\n\n   relief/s for which the applicant\n                          applicant may found entitled.entitled."5. In aforesaid backdrop facts, MA for amendment has been filed. It is\n\n   enquired from the ld counsel for applicant that what fruitful purpose\n\n   would be served even if the prayer for amendment made in MA for\n\n   quashing the order dated 10.05.2022\n                              .05.2022 is allowed, in absence of\n\n   amendment in Paragraph 4 & 5 of the OA; which relates to facts and\n\n   ground respectively. It lacks in Para\n                                     ara 4 of the O.A and the grounds\n\n   assailing the legality of the order in Para 5 be not given how the order\n\n   legally could be attached ?. It was also brought to his knowledge that as\n\n   per record written statement has not yet been filed.36. At this stage it is informed by ld counsel for respondents that written\n\n      statement is ready and if he is permitte\n                                      permitted it may be filed today itself.7. Learned counsel for applicant, at this stage submits that he may be\n\n      allowed to withdraw this O.A. with liberty to file a comprehensive O.A\n                                                                         O.A,,\n\n      with elaborate facts position and the grounds.8. Ld counsel for respondents at this stage\n                                         stage submits that MA for amendment\n\n      is not maintainable.9. Considered the submissions. Since MA for amendment has not been\n\n      pressed seriously and rather          ld counsel for applicant is seeking\n\n      permission\n       ermission for withdrawal of O.A, with liberty to file a comprehensi\n                                                               comprehensive\n                                                                           ve\n\n      O.A. hence deferring formal order qua MA and taking\n                                                    aking note of entirety,\n\n      permission for withdrawal of the O.A. is granted with liberty to applicant\n\n      to file a fresh O.A. Fresh O.A. iff is filed, shall be dealt with on its own\n\n      merit. The O.A. stands disposed of accordinglyaccordingly. Pending MA No. 653also stands disposed of accordingly.(Sunil Kumar Sinha)                                             [M.C. Verma]\n   Member (A)                                                    Member [J]\nmks/-