R P BHATT Vs. UNION OF INDIA

JUDGEMENT

(1.) - The short point involved in this appeal by special leave from a judgment and order of the Delhi High Court dated November 20, 1980 dismissing in limine the writ petition filed by the appellant, is whether the Appellate Order passed by the Director-General, Border Roads Organisation dated October 14, 1980, is in conformity with the requirements of R. 27(2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 ('Rules' for short) which have been made applicable to the personnel of the Border Roads Organisation.

(2.) The facts are that the appellant was appointed as Supervisor (Barracks and Stores) Grade I attached to 60 Road Construction Company, General Reserve Engineering Force on probation for a period of two years by an order dated July 7, 1976. Before the expiry of, the probationary period, the Chief Engineer (Project) Dantak by an order dated June 24, 1978 terminated the services of the appellant. The order of termination however could not be served on the appellant as he absented himself without leave. Thereupon, the Officer Commanding by a movement order dated June 27, 1978 transferred the appellant to 19 Border Roads Task Force. On July 1, 1978 the Officer Commanding forwarded the order of termination issued by the Chief Engineer, but on representation by the appellant, the Director-General, Border Roads Organisation by order dated November 17, 1978 cancelled the order of termination presumably on a misapprehension that the period of probation having expired, no order of termination could be made. He however directed the taking of disciplinary action against the appellant as a deserter since he had absconded from service to evade the service of the order of termination. After a regular departmental inquiry, the appellant was served with a show cause notice under Art. 311(2) of the Constitution and after considering the representation made by him, the Chief Engineer (Project), Dantak imposed on the appellant the punishment of removal from service in exercise of the powers conferred by R. 12 read with R. 11 (viii) of the Rules with effect from June 10, 1980. Against the order of removal, the appellant preferred an appeal under R. 23 of the Rules before the Director-General, Border Roads Organisation. The Director-General by the impugned order dismissed the appeal observing:

(3.) Having heard the parties, we are satisfied that in disposing of the appeal the Director-General has not applied his mind to the requirements of R. 27(2) of the Rules, the relevant provisions of which read as follows :