CHANDER DEV (SH.) Vs. MCD & ANR.

JUDGEMENT

(1.) The petitions impugn the common order dated 7 th September, 2011 of the Central Administrative Tribunal, Principal Bench dismissing TA No.1239/2009 and TA No.1292/2009 preferred by the petitioner herein. The counsel for the respondent MCD appears on advance notice and considering the nature of the controversy and with the consent of the counsels we have heard the petitions finally.

(2.) The undisputed facts are that, the petitioner was on 7 th January, 1983 appointed as a School Inspector in the respondent MCD against a vacancy reserved for Scheduled Tribe candidates; the petitioner was placed under suspension and an FIR was lodged against him for the offence of having fabricated the Scheduled Tribe Certificate on the basis whereof he was appointed; W.P.(C) no.4081/1994 was filed by the petitioner seeking revocation of suspension and promotion which was held up on account thereof; the said writ petition was disposed of with liberty to the petitioner to agitate the matter after the outcome of the criminal case; the suspension of the petitioner was on 22 nd November, 1995 revoked; salary for the period 17 th December, 1999 to 24 th August, 2000 was however not paid to the petitioner; another writ petition being W.P.(C) No.7979/2005 was filed by the petitioner seeking mandamus for payment of salary of the said period with interest; in response to the said writ petition the respondent MCD averred that the petitioner was issued a transfer order dated 17 th December, 1999 transferring him from the Central Zone to R&D Shakti Nagar and he was relieved on the same day but did not join the new place of posting till 25 th August, 2000 and salary was not paid to him for the said reason - that the transfer order dated 17 th December, 1999 was modified vide order dated 25 th August, 2000 and the petitioner was transferred to the Head Office instead of R&D Shakti Nagar and where the petitioner so joined duty on 25 th August, 2000 - that since he was unauthorizedly absent from duty he was not paid the salary; that after the filing of the said writ petition the respondent MCD also issued a charge sheet dated 17 th March, 2006 to the petitioner for the unauthorized absence aforesaid; that the petitioner filed another writ petition being W.P.(C) No.3344/2007 challenging the charge sheet aforesaid issued to the petitioner; that this Court vide interim order dated 7 th May, 2007 in W.P.(C) No. 3344/2007 restrained the respondent MCD from holding any inquiry pursuant to the said charge sheet and the inquiry proceedings so remained stayed.

(3.) W.P.(C) No.7979/2005 & W.P.(C) No. 3344/2007 were transferred to the Tribunal and registered as TA No.1292/2009 & TA No.1239/2009 supra respectively.