R K TANDON Vs. SECRETARY DEPARTMENT OF POWER

JUDGEMENT

(1.) THE Petitioner who was working as Manager (Electrical) with the National Hydro- electric Power Corporation ('NHPC), Respondent No. 2, challenges an order dated 11th May 1992 passed by the Respondents 2 and 3 striking off his name from the rolls of the NHPC with effect from 2nd March 1990 under Rules 3.2.17 of the NHPC Leave Rules on the ground that the Petitioner had been absenting himself from duty with effect from 2nd March 1990 without any sanction.

(2.) ON 29th July 1977, the Petitioner was appointed as Engineer in the NHPC Ltd. He was promoted as Deputy Manager on 1st January 1985 and further as Manager (Electrical) by a letter dated 22nd June 1988.

(3.) THE Petitioner states that at the expiry of the sanctioned leave, he again joined Uri and remained there till 4th April 1990. During that period in the month of March 1990, the Circle Office of the Uri HE Project at Gantamulla, Kashmir was set on fire and was completely burnt. THE Petitioner also states that he received threatening calls and in those circumstances, he migrated from the Kashmir Valley abandoning all his personal belongings. On 16th April 1990, a letter was written by the NHPC at New Delhi to the Kendriya Vidyalaya Sangathan, New Delhi regarding the transfer of the Petitioners children from the Kendriya Vidyalaya at Baramullah to the Kendriya Vidyalaya, New Delhi. In the letter a request was made to consider the case of the transfer of the Petitioners children sympathetically. THE Petitioner also refers to letters written on 13th July 1990 and 19th July 1990 to the Cabinet Secretary and Secretary, Department of Power to accommodate the employees of his Department who could not return to the places of posting in Kashmir due to the prevailing circumstances under the respective Ministries/Departments in offices located outside but adjacent to the Union Territory of Delhi. THE Petitioner states that he wrote to the Chief Engineer, Uri HE Project on 9th August 1990 praying for release of his salary for the months of April to July 1990. Pursuant to the directions of the Cabinet Secretary on 7th September 1990, the Chief (PandA), NHPC wrote to the Executive Director (Region-I) in Jammu stating that the employees in some of the Uri Projects be redeployed in other projects outside the valley. Meanwhile, the Petitioners wife on 23rd October 1990 approached the Union Minister for Energy requesting for Petitioners transfer from the Uri HE Project to any other project outside the valley on medical grounds. THE case of the Petitioner is that although 57 employees belonging to the minority community, i.e., Kashmiri pundits, working in the valley were allowed to mark their attendance at the Jammu office with effect from 1st April 1990, the Petitioner was singled out with mala fide intentions and only for the reason that he drafted a representation for the transfer of employees belonging to the minority community from Uri HE Project to a place outside the Kashmir Valley.