KAMESHWAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) In the instant petition the petitioner has assailed the order dtd. 5/11/2020 passed in OA/050/00410/2020 passed by the Central Administrative Tribunal, Patna Bench, Patna.

(3.) The petitioner was subjected to disciplinary proceeding. It was concluded in imposition of penalty of compulsory retirement on 15/5/2019. It was affirmed by the Appellate Authority on 26/11/2019 while rejecting the petitioner's appeal. Thus petitioner has invoked remedy before the Central Administrative Tribunal, Patna Bench, Patna. The Tribunal proceeded to dismiss the petitioner's application on the sole ground that petitioner had remedy of revision under Rule-29 of CCS (CCA) Rules, 1965 read with Sec. 20(i) of the Administrative Tribunal Act, 1985. The learned counsel for the petitioner vehemently contended that filing of revision under Rule- 29 of CCA Rules, 1965 is not mandatory, without filing revision he can invoke remedy before the Administrative Tribunal under the provisions of Administrative Tribunal Act, 1985.