KRUSHNA CHANDRA TRIPATHY Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is aggrieved by dismissal of his Original Application by the Central Administrative Tribunal, Jabalpur Bench Circuit Sitting at Bilaspur, rejecting his prayer for quashment of show-cause-notice dated 09.09.2015, Annexure P/11 by which the petitioner was directed to show cause as to why his services shall not be terminated with one month notice, to be counted with effect from the date of relieving by the CSC's Office ie 24.08.2015.

(2.) Brief facts necessary for disposal of this writ application are that upon recommendation by respondent No.4, the respondent No.2- Chief Personnel Officer, South East Central Railway (SECR) appointed the petitioner on the post of Substitute Telephone Attendant and Dak Khalasi (Fresh Face) (in short, TADK) and was attached with respondent No.4. The appointment was made under Establishment Rule 250/2010. While the petitioner was still employed and was attached to respondent No.4, the said officer proceeded on study leave for one year with effect from 15.06.2015 relinquishing his charge as CSC/RPF/SECR in the forenoon of 04.08.2015 as mentioned in the document Annexure P/7 dated 10.08.2015. It is also mentioned in the said document that as per CPO/SECR Establishment Rule No.250/2010 dated 31.12.2010, para 10.2, the petitioner is to report to the OS(In-charge) of CSC/RPF/SECR for further duty immediately.

(3.) Thereafter, vide communication dated 24.08.2015, the previous letter dated 10.08.2015 was withdrawn on the ground that the petitioner having not completed one year continuous service on the date of relinquishment of charge by Shri Munawar Khursheed, respondent No.4 as CSC/RPF/SECR on 04.08.2015, the previous order directing petitioner to report to the OS is withdrawn. Pursuant to this order, the show cause notice impugned before the Tribunal was issued on 09.09.2015.