PRITHWISH SAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Being aggrieved by the order passed by the respondents dismissing the petitioner from service pursuant to a disciplinary proceedings and also the order passed by the Central Administrative Tribunal dismissing the Original Application by order dated 26th May, 2005, this writ petition is filed by the writ petitioner prying for quashing and setting aside of both the aforesaid orders with a direction to reinstate the petitioner in service at Bhaba Atomic Research Centre at Mumbai with consequential benefits and also restora- tion of the official accommodation from which he was evicted.

(2.) The petitioner joined the Bhaba Atomic Research Centre at Mumbai as Scientific Officer on 31.7.1993. After three years of training, he was posted in Environmental Assessment Division of Bhaba Atomic Research Centre. Service of the petitioner was guided by terms and conditions of appointment which also included one condition that the place of duty of the petitioner initially would be at Mumbai but the officer could be transferred to any part of India or any of the constituent Units of Department of Atomic Energy as exigencies of service might demand.

(3.) The respondents found the work and conduct of the petitioner unsatisfactory and some unpleasant entries about his work were also recorded in his Annual Confidential Records. The Director of the Bhaba Atomic Research Centre passed an order transferring the petitioner from Health Physics Division, BARC, Mumbai to Indian Rare Earth Limited, Alwaye in Kerala by issuing an order dated 27.7.1998. The petitioner was relieved on 29.7.1998 to report at the new place of posting. However, on receipt of the aforesaid order of transfer, the petitioner immediately challenged the same before the Mumbai Bench of the Central Administrative Tribunal by filing an Original Application registered as OA No. 992/1998. The said petition filed against the order of transfer was dismissed by the Tribunal on 10.6.1999 on merit. As against the said order, the petitioner also filed a writ petition in the Bombay High Court, which was registered as Writ Petition No. 2184/1999, which also was dismissed on 20.12.1999. Therefore, the aforesaid order of transfer passed against the petitioner became final and binding.