MAHANAGAR TELEPHONE NIGAM LTD. Vs. PREMWATI

JUDGEMENT

(1.) By the instant writ petition, a challenge is laid to an order dated 22nd August, 2013 passed in OA No.3583 of 2012 by the Central Administrative Tribunal, Principal Bench, New Delhi whereby the order dated 25th April, 2011 passed by the disciplinary authority awarding penalty of compulsory retirement from service and the order dated 15th March, 2012 of the appellate authority affirming the same have been set aside. The undisputed facts to the extent necessary for the purpose of present consideration are set out hereinafter.

(2.) Consequent upon her husband's death, the respondent was appointed as a regular majdoor on 12th January, 2000 on compassionate basis. While serving in the office of the SDE, Nehru Place, New Delhi, she was served with a charge memo dated 12th March, 2010 proposing to take disciplinary action against her under clause 37 of the certified standing order of the Mahanagar Telephone Nigam Limited (MTNL) on the following charges:-

(3.) In order to substantiate the allegations that the respondent was absenting herself from duties w.e.f. 31st May, 2008 without any information or production of documents, the petitioners relied on letters dated 9th July, 2008; 29th July, 2008; 7 th August, 2008; 12th November, 2009 and 31st May, 2008. Except for the letter dated 12th November, 2009 which was addressed to the respondent at her residential address, all other letters were addressed to the respondent's official address and were served upon her in office itself. This fact by itself belied the allegations of the petitioners that the respondent was absent from duty w.e.f. 31st May, 2008 and has been heavily relied upon by the Tribunal in passing the impugned order.