AVINASH CHANDER Vs. AAI

JUDGEMENT

(1.) The present Petition has been filed under Articles 226 and 227 of the Constitution of India praying for issuance of a writ of certiorari and appropriate writ or order and/or direction for quashing the impugned order dtd. 17/12/2007, passed by the Disciplinary Authority thereby withholding the increment of the petitioner for a period of one year without cumulative effect.

(2.) The brief background of the matter is that the petitioner was working as Manager, Air Traffic Control (ATC) in Airports Authority of India, New Delhi. He was transferred from New Delhi to Mumbai on inter-regional transfer vide order bearing No. CHQ NO. 2/3/2002/EA/1058-69 dtd. 24/4/2002 and was relieved of his duties at New Delhi, Airport with effect from 30/4/2002.

(3.) The petitioner joined the office of Mumbai on 11/7/2002, after lapse of 71 days, including admissible joining time of 12 days and leave for 59 days, on medical record owing to poor health conditions. After taking over of charge at Mumbai office as Manager (ATC), the petitioner applied for a leave for 15 days from 26/7/2002 to 9/8/2002 along with the station leaving permission to proceed to New Delhi on 11/7/2002, however, the petitioner could not return to Mumbai office after the period of his leave ended. The petitioner also remained absent from his duties till 24/3/2003 on account of his sudden ill health. He reported for duty on dtd. 25/3/2003 after long period of absence of 227 days and submitted leave application on the same day along with medical certificates including fitness certificate.