UNION OF INDIA Vs. SABU JOSEPH

JUDGEMENT

(1.) The order dated 22.04.2015 passed by the Central Administrative Tribunal, Bengaluru Bench, Bengaluru ('CAT' for short) in O.S. No.395/2015 is called in question in this writ petition.

(2.) The respondent herein while working as an Additional Commissioner of Central Excise at Mysore, retired from service on 31.03.203 on attaining the age of superannuation. He was relieved from his duties in the afternoon of 31.03.2013, as is clear from Annexure-A1 (Annexed with Original Application filed before the CAT). However, during night of 31.03.203, a Memorandum dated 31.03.2013 along with certain Articles of Charge, Statement of Imputations of Misconduct and Misbehavior were served on the respondent. The same were received and acknowledged by the respondent between 22.15 hours and 23.25 hours on 31.03.2013. Thereafter, the respondent approached the CAT in Original Application No.395/2014 questioning the Articles of Charge etc. served upon him. The said application came to be allowed by the CAT impugned order (Annexure-A).

(3.) Sri. A. Hanumanthappa, learned Advocate appearing on behalf of the petitioners-Union of India contends that the respondent is deemed to have been in duty till the midnight of 31.03.2013 and therefore, the department was justified in serving Articles of Charge in between 10.00 p.m. and 11.00 p.m. on 31.03.2013 and consequently, the same is deemed to be issued while the respondent was in service.