VP SINGH Vs. MTNL

JUDGEMENT

(1.) HEARD Mr. Bani Singh, learned counsel for the petitioner and Ms. Nidhi Minocha, learned counsel for the respondent.

(2.) THE petitioner was working on the post of Divisional Engineer on the basis of local officiating promotion under the respondent- Mahanagar Telephone Nigam Limited (MTNL) since 30th June, 2006. He was reverted to his substantive post, i.e., Sub-Divisional Engineer (SDE) by order dated 2nd July, 2010 with effect from 8th December, 2009. It was contended before the tribunal that he could not have been reverted without a proper departmental enquiry and culmination of the same in a punishment. On behalf of the respondent, FR 9(19) was pressed into service. That apart, it was contended that the term of the officiation on the promotional post expired on 7th December, 2009 and, therefore, the petitioner had no vested right to continue. Additionally, it was urged that the disciplinary proceeding had already been initiated against him but no charge sheet had been framed.

(3.) WE will be failing in our duty if we do not refer to the Office Memorandum No. 11012/9/86-Estt.(A) dated 24th December, 1986 issued by the Department of Personnel and Training (DOP&T). The said Office Memorandum reads as follows: