BALRAM SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been filed at the instance of Mr. Balram Sharma, the appellant herein who was working with the respondent-Corporation and he was employed under the Sports Quota since he was the cricketer of repute. He joined at Baroda and was thereafter posted at New Delhi. It is pointed out that he represented the respondent-Corporation in various All India Cricket Tournaments till March, 1999 and his performance was outstanding insofar as the game is concerned. By Order dt.16.03.1998, the appellant was transferred from Delhi to NRBC Jammu. His case is that on account of serious illness of his mother who was mentally retarded and continued to in a critical condition, he could not go. He further pleaded that as he is a category I sport person, he could not have been shifted from Delhi to Jammu. The appellant was permitted to rejoin duty at New Delhi on 21.12.1998. However, after about fifteen months, an order was passed on 16.06.1999 that the transfer order of the appellant was deferred till 15.11.1999 subject to the condition that the deferment would result in delayed consideration of his promotion for the equivalent period of time/promotion year. It seems that some other orders were passed. The appellant represented to the respondent that he could not report on account of his mother s ill-health and that the transfer order should be kept in abeyance. In the meantime, his mother passed away on 15.07.2000.

(3.) The appellant was served with a Memorandum dt.29.07.2000 stating that since he has not reported for duty at NRBC, Jammu after availing usual joining time after 01.12.1999, therefore, he was being treated as unauthorisedly absent from his duty with effect from 01.12.1999. The respondent wanted to invoke provisions of Rule 14(5) of ONGC Leave Rules, 1995 read with Rule 14(2) and 14(4) of the said Rules. He was also directed to give his explanation about his absence.