THAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in this writ petition is aggrieved by an order dated 3rd March 1998 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, in OA No. 2821/1997 as also the order dated 16th April 1998 passed in RA No.59/98 whereby and whereunder his Original Application questioning an order of his dismissal from service as also the review thereof were dismissed.

(2.) The basic fact of the matter is not in dispute. In relation to certain incidents which had taken place in March 1981, a charge-sheet was issued against the petitioner on 30th December 1993. According to the petitioner, in relation to the alleged lapse on part of the petitioner, he was called upon to submit his explanation on 18th November 1981. He was again called upon to submit his explanation with regard thereto on 15th April 1982. He requested for inspection of records on 23rd April 1982 but thereafter no action had been taken. The petitioner had been promoted to the post of Assistant Engineer (Civil) on 5th October 1984, as regular AE(C) on 25th April 1986 with retrospective effect from 17th November. 1983. He also cleared probation in the said post as also Efficiency Bar effective from 1st November 1986. Although he was entitled to a further promotion to the post of Executive Engineer, having regard to the said purported charges, 'sealed cover procedure' was adopted.

(3.) He, however, having regard to the factual circumstances of the case prayed for his promotion even on an ad hoc basis but the same was not acceded to. in the afore-mentioned situation, the petitioner filed an Original Application before the Central Administrative Tribunal which was marked as O.A. No. 970/97 and by an order dated 14th August 1997, the said application was disposed of directing: