UOI Vs. PRADEEP KUMAR MODWILLL

JUDGEMENT

(1.) THE factual backdrop leading to filing of the above captioned petitions is that on June 27, 1981 P.K. Modwill (hereinafter referred to as the ,,Modwill was appointed on the post of Clerk in the office of District Judge, Moradabad, U.P. and rendered service on said post till June 09, 1986. On June 10, 1986 Modwill joined Intelligence Bureau on the post of ACIO-II/G. In order to avail promotion to the post of ACIO-I/(G), Modwill joined State Intelligence Bureau (hereinafter referred to as the ,,SIB), Jammu on July 14, 1997. (Be it noted here that the period of service rendered by Modwill in the office of District Judge was treated as ,,qualifying service)

(2.) EARNING a promotion and joining SIB, Jammu on July 14, 1997 Modwill sought for and was granted 5 days casual leave from July 21, 1997 to July 25, 1997 and on expiry of the leave he did not join duty and was thus treated as absent from duty. On September 25, 1997, the department issued a memo to Modwill requiring him to resume duty immediately; but to no avail.

(3.) THEREAFTER Modwill submitted another application to IB Headquarters requesting for his transfer from SIB, Jammu to IB Headquarters in Delhi, which application was rejected on November 17, 1997. Yet again, on December 12, 1997 Modwill submitted an application to IB Headquarters reiterating his request for transfer. Vide memo dated March 27, 1998 IB Headquarters informed Modwill that aforesaid application dated December 27, 1997 submitted by him stands rejected and required him to resume duty at SIB, Jammu by April 16, 1998 failing which departmental enquiry would be initiated against him.