OM PRAKASH SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, LDC in COC is resisting his compulsory retirement. He challenged respondents last action in this regard in O.A.771/1992 before CAT which was dismissed by impugned order. He then 'filed this petition in which notice was issued on the limited question whether Director Ordnance Services (DOS) or OIC-AOC (Records) was competent authority to compulsorily retire him from service. He was asked to produce the letter of appointment to resolve the dispute by Court order dated-18.8.2001, but he failed. He has filed an "additional affidavit, though, reiterating his stand that he was appointed LDC by DOS, who alone was competent to compulsorily retire him and not his sub-ordinate Authority, OIC-AOG (R). therefore all that remained to be seen was whether OIC-AOC (R) was competent to pass his order of compulsory retirement.

(2.) Petitioner's case has a chequered history and has gone through many ups and down. It speaks volumes of his tenacity and perseverance as he was fighting it out since 1972. It all started when he was charged of impersonating for one Mr.R-C-Sharma and was ordered to be compulsorily retired after enquiry on 1.7.1974. He took departmental appeal against this which was rejected. He then filed suit no. 300/1976 before Munsif, Agra to challenge this which was decreed on 26.3.1980. Respondents filed appeal against the decree which was dismissed on 19.4.1982 though liberty was granted to them to initiate fresh disciplinary proceedings. Pursuant thereto he was put on deemed suspension and after on second enquiry was again ordered to be compulsorily retired by order dated 11.10.1985 passed by OIC-AOC (Records) . He filed appeal against it, but failed. He then challenged his order of deemed suspension in a writ petition before Allahabad High Court which was dismissed in limine on 26.8.1983. 'He again filed a suit (no. 750/1984) before Civil Judge, Agra to at the same time to restrain respondents from initiating any fresh disciplinary proceedings against him which was transferred to CAT, Allahabad (O.A. 386/1986) and was eventually dismissed vide order dated 3.10.1988. - He took appeal against this which was also dismissed. Meanwhile, respondents passed second order of compulsory retirement dated 11.10.1985 against him which he challenged in 0.A.751/1986 before CAT, Allahabad and which was transferred to Principal Bench, Delhi (OA 464/1990) where it was allowed for non-supply of copy of enquiry report. Respondents were however allowed to continue disciplinary proceedings against him from the stage of enquiry report. the report was made available to him later but all the same, he was again ordered to be compulsorily retired third time by order dated 25.5.1992 passed by OIC-AOC (Records). He challenged this O.A. 771/1992,which was held barred on principle of res-judicata and dismissed by impugned order. A bitterly fought legal battle indeed and now this petition to be decided on the limited question of jurisdiction of OIC-'AOC (Records) to 'pass his order of compulsorily retirement.

(3.) Petitioner's case is that he was appointed way back on 29.5.1962 as LDC (Class-Ill post) in COC, Agra by DOS and that order dated 30.9.1966 passed by OIC-AOC (Records) and projected by respondents as appointment order was only appointing him in quasi permanent capacity.. He says that the appointing authority must necessarily fall under Rule 2 (a) (iii) of CCS Rules, 1965 and that under Sub Rule 4 of Rule 12 of these Rules, penalties specified in sub rules (v) to ((ix)) of Rule 11 could be imposed only by the appointing authority and not by the authority subordinate to him. His further case is that the alleged delegation of powers of disciplinary authority to OIC-AOC (Records) under Presidential Notification dated 13.8.1979 was not attracted to his cause which had arisen in 1974 as it could not be given retrospective operation. He also finds fault with such delegation which according to him could be made only temporarily and not on permanent basis. He lastly asserts that only .DOS was his appointing authority as decreed by Civil Court in his suit no.300/1976 which finding had assumed finality, and he alone could have imposed punishment of compulsory retirement on him.